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Betty Daisy Kampororo Kaliisa and Others v The Administrator General (Miscellaneous Cause 10 of 2014)

High Court · [2015] UGHCFD 22 · 2015 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review by notice of motion seeking orders of mandamus, certiorari and prohibition
Decision
Application granted. Administrator General ordered to issue certificate of no objection to the 5th applicant.

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Holding

The High Court held that the Administrator General acted unreasonably and irrationally by refusing to issue a certificate of no objection where the overwhelming majority of beneficiaries had nominated an administrator and mediation attempts had failed. The court granted mandamus directing the Administrator General to issue the certificate of no objection and granted prohibition forbidding future ultra vires decisions, but declined to issue certiorari as no decision requiring quashing had been made.

Outcome

Application granted. Administrator General ordered to issue certificate of no objection to the 5th applicant.

Facts

The applicants are the biological children of the late Francis Kaliisa Muntukwonka who died on 24 October 1985. His widow managed the estate until her death in 2010. In 2013, the applicants held family meetings and unanimously nominated Julius Kaliisa (the 5th applicant) to seek letters of administration. All siblings except one, Fred Kabagambe Kaliisa, endorsed this nomination. Julius Kaliisa applied to the Administrator General for a certificate of no objection in 2013. The Administrator General convened mediation meetings and a family meeting before the Chief Administrative Officer of Hoima District on 3 January 2013, which reiterated Julius Kaliisa's nomination. Despite Fred Kabagambe Kaliisa not attending any meetings, the Administrator General declined to issue the certificate based on his dissent. The Administrator General promised further mediation and consultation with the dissenting sibling. Court gave the parties time for mediation at the respondent's request, but no mediation took place over a four-month period.

Issues

  1. Whether the respondent's refusal to issue a certificate of no objection to the 5th applicant is ultra vires or shows impropriety
  2. Whether an order of mandamus should be issued to compel the Administrator General to issue a certificate of no objection
  3. Whether an order of certiorari should be issued to quash any decision made by the respondent
  4. Whether an order of prohibition should be issued to forbid future ultra vires decisions

Orders

  • An order of mandamus directing the Administrator General to issue the 5th applicant Julius Kaliisa a certificate of no objection to apply for letters of administration in respect of the estate of his late father Francis Muntukwonka Kaliisa.
  • An order of prohibition to forbid the respondent from making any future decision that will be ultra vires in the management of the estate.
  • Each party in this application will bear their own costs.

Rules and key headnotes

Judicial Review — Grounds — Irrationality and Unreasonableness
A decision by the Administrator General to delay or refuse to issue a certificate of no objection where amicable settlement has failed or is not taking off, or where there is a deadlock on who is to administer an estate, is irrational, unfair, and unreasonable.
Mandamus — Compulsion of Statutory Duty — Administrator General
The Administrator General is a public officer with a statutory duty under the Administrator General's Act to issue certificates of no objection to intending applicants for grants if he or she is not interested in administering the estate, and can be compelled by mandamus to perform this duty. Such compulsion does not constitute an improper fettering of discretion.
Letters of Administration — Certificate of No Objection — Majority Nomination
Where the overwhelming majority of family members nominate an individual to administer a deceased's estate, the Administrator General's indefinite delay in issuing a certificate of no objection based solely on one dissenting family member's unsubstantiated objection is unreasonable, particularly where the dissenting member has an opportunity to lodge a caveat under section 265 of the Succession Act.
Judicial Review — Certiorari — Necessity of Decision to be Quashed
An order of certiorari should not be issued where no decision requiring quashing has been made. Under section 36(2) of the Judicature Act, no order of certiorari shall be made where the order would be rendered unnecessary.
Judicial Review — Prohibition — Prevention of Ultra Vires Acts
An order of prohibition quousque may be granted to forbid a public officer from making future ultra vires decisions, operative until the decision maker has corrected its conduct by containing itself within the bounds of its jurisdiction.
Administration of Estates — Delay — Policy Against Protracted Delays
Sections 201, 265, and 278 of the Succession Act, read together with section 5 of the Administrator General's Act, were designed to ensure that matters of administration of estates do not lie in limbo indefinitely. The Administrator General cannot indefinitely delay issuing a certificate of no objection on the basis of anticipating a future caveat or multiplicity of suits.

Legislation cited (10)

Cases cited (4)

  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
  • Aggrey Bwire v The Attorney General and Another (Civil Application No. 160 of 2008)
  • John Jet Mwebaze v Makerere University (Civil Application No. 353 of 2005)
  • Kasibo Joshua v The Commissioner of Customs, Uganda Revenue Authority (HCT-00-44 of 2007)

Full judgment

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

Betty Daisy Kampororo Kaliisa and Others v The Administrator General (Miscellaneous Cause 10 of 2014) [2015] UGHCFD 22 (6 July 2015)
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.