Wakilii

Bukawa Whekhola & Ors v Natoolo (HCT-04-CV-MA-0075-2013)

High Court · [2014] UGHCFD 25 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from administration cause
Decision
Temporary injunction granted restraining all parties from intermeddling with the estate until further orders

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court granted a temporary injunction restraining all parties from intermeddling with the estate of the deceased pending finalisation of the main suit. Neither party held letters of probate or administration, and both were engaged in acts of intermeddling. The court applied the principle that estate property must not be interfered with save by holders of probate or letters of administration, and exercised its power to preserve the status quo where estate property is in danger of waste.

Outcome

Temporary injunction granted restraining all parties from intermeddling with the estate until further orders

Facts

The applicants were appointed executors of the will of the late Fred Koloto and petitioned for letters of probate. The respondent filed a caveat against the grant. The applicants filed a civil suit to argue against the caveat. The applicants alleged that the respondent had been collecting rents from various properties comprised in the estate, including plots on Naboa Road, Kumi Road, Manafa Road, and at a bus terminal, without accountability to the estate. The respondent denied intermeddling and stated he was in possession of estate property as a former co-director with the deceased, not an employee. Both parties accused the other of intermeddling. Neither party held letters of probate or administration at the time of the application.

Issues

  1. Whether a temporary injunction should be granted to restrain the respondent from intermeddling with the estate of the late Fred Koloto pending disposal of the substantive suit.
  2. Whether either party has the legal right to intermeddle in the estate in the absence of letters of probate or administration.

Orders

  • Application granted.
  • All parties restrained from intermeddling with the estate of the late Fred Koloto.
  • All parties to leave the status quo intact.
  • All parties not to deal with the properties of the deceased in any way until further orders of court.
  • Costs to abide the cause.

Rules and key headnotes

Succession & Estates — Administration of Estates — Intermeddling — Prohibition Against Intermeddling Without Grant
The estate of a deceased person must not be interfered with by anybody save a holder of probate or letters of administration.
Civil Procedure — Injunctions — Temporary Injunctions — Preservation of Estate Property
Where it is shown that property in a suit is in danger of being wasted, damaged, or alienated by any party, the court may grant a temporary injunction to restrain such act or make such other necessary orders as it deems fit to prevent such waste until disposal of the main suit.
Civil Procedure — Court's Duty — Illegality — Court Cannot Keep Blind Eye to Illegality
A court cannot keep a blind eye to an illegality once it is brought to its attention and must address it regardless of the merits of the parties' positions.

Legislation cited (5)

Cases cited (1)

  • Makula International v Cardinal Nsubuga (1983) HCB 13

Full judgment

↓ Download PDF

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

Bukawa Whekhola & Ors v Natoolo (HCT-04-CV-MA-0075-2013) [2014] UGHCFD 25 (17 April 2014)
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.