Wakilii

Ayano and Another v Angom (Civil Suit 118 of 2018)

High Court · [2023] UGHCFD 10 · 2023 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil suit for revocation of letters of administration and grant of letters of probate; Defendant counterclaimed seeking declarations that the purported will was void and deceased died intestate
Decision
Plaintiffs' suit dismissed; defendant's counterclaim successful; permanent injunction issued restraining plaintiffs from intermeddling with the estate; declarations made that purported will was void, deceased died intestate, and defendant is lawful administrator; general and punitive damages awarded to defendant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the purported will of the deceased was void for non-compliance with section 50 of the Succession Amendment Act and undue influence by the plaintiffs in its making. The deceased died intestate. The defendant lawfully obtained letters of administration following proper procedure before the Administrator General. The five daughters of the deceased are the rightful beneficiaries. The plaintiffs were found guilty of intermeddling with the estate. Plaintiffs' suit dismissed; defendant's counterclaim allowed.

Outcome

Plaintiffs' suit dismissed; defendant's counterclaim successful; permanent injunction issued restraining plaintiffs from intermeddling with the estate; declarations made that purported will was void, deceased died intestate, and defendant is lawful administrator; general and punitive damages awarded to defendant

Facts

Elel Obote Mike died on 16 December 2017. The first plaintiff claimed to be executrix of a will allegedly read at a family meeting on 24 December 2017. The defendant, a daughter of the deceased, obtained letters of administration on 24 April 2018. The plaintiffs challenged the letters, alleging the defendant obtained them fraudulently. The purported will dated 8 June 2017 was allegedly witnessed on 29 November 2017 by three witnesses in the office of the deceased's lawyer. The will contained numerous inconsistencies including incorrect dates of birth, incorrect identification of children, and inaccurate information about relationships. Evidence showed the first plaintiff was never legally married to the deceased. The attesting witness who testified stated he did not see the deceased sign the will and did not understand what he was signing. The second plaintiff was present when the will was allegedly signed and had prior knowledge of its contents despite it being confidential. At the funeral, approximately 90% of attendees rejected the will. The Administrator General's office held a family meeting on 22 January 2018 where beneficiaries unanimously agreed the deceased died intestate due to inconsistencies in the alleged will. The family consented to the defendant being granted letters of administration.

Issues

  1. Whether the late Elel Mike Obote left a valid will and if so, whether he died testate.
  2. Whether the Defendant lawfully acquired letters of administration for the estate of the late Mike Elel Obote.
  3. Who are the rightful beneficiaries of the Estate of the Late Elel Mike Obote.
  4. Which Party is guilty of intermeddling with the estate of the late Mike Elel Obote.
  5. What remedies are available to the parties.

Orders

  • The Plaintiffs' suit is hereby dismissed.
  • The Counterclaimant/Defendant's counterclaim is hereby successful.
  • A permanent injunction is hereby issued restraining the Plaintiffs, their agents, servants or anyone deriving authority from them from continuing to intermeddle with the estate of the late Elel Mike Obote.
  • A declaration that the Will left by the late Elel Mike Obote was void and therefore the late Elel Mike Obote died intestate.
  • A declaration that the Defendant is the lawful and only appointed administrator of the estate of the late Elel Mike Obote.
  • A declaration that the 1st Plaintiff is not a widow nor a beneficiary under the estate of the late Elel Mike Obote.
  • The Defendant is hereby ordered to file an inventory in this court within 6 (six) months from the date of delivery of this Judgment.
  • General damages of UGX 10,000,000/= are awarded to the Defendant/counterclaimant as Administrator of the Estate of the Late Elel Mike Obote. The 2nd Plaintiff will not derive any benefit from this.
  • The Plaintiffs are ordered to pay punitive damages of UGX 5,000,000/= to the Defendant/Counterclaimant as Administrator of the Estate of the late Elel Mike Obote for intermeddling in the estate. The 2nd Plaintiff will not derive any benefit from this.
  • Costs be payable by the Plaintiffs/Counter-Defendants.

Rules and key headnotes

Execution of Wills — Attestation by Witnesses — Requirements under Section 50 Succession Amendment Act
A will is void where attesting witnesses did not witness the testator sign or affix his mark to the will and where the testator was not present when the witnesses attested the will, in breach of section 50(1)(c) of the Succession Amendment Act which requires each witness to sign in the presence of the testator.
Wills — Undue Influence — Participation of Beneficiary in Making of Will
A will or part thereof is void under section 47 of the Succession Amendment Act where undue influence is established, including where a beneficiary had demonstrable involvement in the making of the will, was present when the testator signed, and had prior knowledge of confidential contents, particularly where only that beneficiary's particulars were correctly captured while other beneficiaries' details contained errors.
Letters of Administration — Procedure for Grant — Family Meeting and Certificate of No Objection
Where a purported will is contested and rejected by the family and clan members, the beneficiaries may proceed to the Administrator General's office to apply for a certificate of no objection for letters of administration to be granted on an intestacy, following the procedure set out in the Administrator General's Service Manual including holding a family meeting of all concerned beneficiaries who nominate a person to administer the estate.
Intermeddling with Estate — Section 268 Succession Amendment Act
A person commits the offence of intermeddling with an estate under section 268 of the Succession Amendment Act where that person takes possession of or disposes of property of a deceased person or does any act belonging to the office of executor or administrator while not being the Administrator General, an agent thereof, or a person to whom probate or letters of administration have been granted by court.
Burden of Proof — Allegations of Fraud
Allegations of fraud must be strictly proven by the party asserting them in accordance with section 101 of the Evidence Act, which places the burden of proof on whoever desires the court to give judgment as to any legal right dependent on the existence of facts which that person asserts.
Beneficiaries — Intestacy — Lineal Descendants
Where an intestate leaves no surviving spouse or dependent relative, lineal descendants receive 99 percent of the estate and the customary heir receives 1 percent under section 27(1)(b) of the Succession Amendment Act.

Legislation cited (9)

Cases cited (6)

  • Beatrice Asire Malinga v Jonathan Malinga (High Court Civil Suit No. 13 of 2013)
  • Estate of James Ngengi Muigai (deceased), Nairobi High Court Succession Cause No. 523/1996
  • Fredrick Zaabwe v Orient Bank Ltd (Supreme Court Civil Appeal No. 4 of 2006)
  • Kampala District Land Board and Another v Venansio Babweyana (Civil Appeal No. 2 of 2007)
  • Francis Babumba v Erusa Bunju [1988-1990] HCB 179
  • Luzinda Marion Babirye v Ssekamatte and Others (High Court Civil Suit No. 366 of 2016)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ayano and Another v Angom (Civil Suit 118 of 2018) [2023] UGHCFD 10 (8 May 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.