Wakilii

Byamukama & Another v Rwomwiju (Civil Suit 514 of 2001)

High Court · [2001] UGHC 114 · 2001 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Originating summons seeking order to compel co-executor to sign transfer instruments or alternatively to direct Registrar of Titles to register transfer signed by one executor only
Decision
Second plaintiff registered as proprietor of estate property based on transfer signed by first plaintiff alone as active co-executor

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where joint executors are appointed and one executor has solely administered the estate for years while the co-executor remained inactive, the active executor may validly bind both executors by selling estate property under section 274 of the Succession Act. The court ordered the Registrar of Titles to register the purchaser as proprietor based on transfer instruments signed only by the active executor, as the inactive co-executor could not validly challenge the sale.

Outcome

Second plaintiff registered as proprietor of estate property based on transfer signed by first plaintiff alone as active co-executor

Facts

The suit property formed part of the estate of the late Ambrose Rwomwiju who died testate in the early 1990s appointing the first plaintiff and the defendant as co-executors. Probate was granted to both in 1993. The first plaintiff solely administered the estate while the defendant, who had been residing in America, remained inactive. In 2000 the property was subject to a mortgage held by International Credit Bank Limited (in Liquidation) with amount due of UGX 27,928,898. On 15 February 2000 the first plaintiff sold the property to the second plaintiff for UGX 167,500,000. The second plaintiff took possession and carried out extensive renovations. The property was registered in the names of both executors. The defendant refused to sign transfer instruments in favour of the second plaintiff. Proceeds from the sale discharged the mortgage and purchased another property at Kisugu. The second plaintiff engaged reputable advocates and conducted a search before purchase.

Issues

  1. Whether the defendant could validly prevent the second plaintiff from acquiring title to estate property sold by the first plaintiff as co-executor.
  2. Whether the originating summons procedure was appropriate for determination of the matter.
  3. Whether the first plaintiff acting alone as co-executor could validly sell estate property and bind the defendant co-executrix.
  4. Whether the second plaintiff was an innocent purchaser for value entitled to relief.
  5. Whether the court should order the defendant to sign transfer instruments or alternatively direct the Registrar of Titles to register transfer signed only by the first plaintiff.

Orders

  • The Registrar of Titles (Commissioner for Land Registration) is ordered to register on the Register of Titles the name of the second plaintiff, Christopher David Wilson, as proprietor of the property comprising LRV 696 Folio 20, Kyaddondo Block 250, plot 31 at Bbunga Hill, in the city of Kampala, with transfer instruments signed only by the first plaintiff as executor of the estate of the late Ambrose Rwomwiju.
  • Each party to this application shall meet its own costs.

Rules and key headnotes

Joint Executors — Powers of Individual Executor — Section 274 Succession Act
Where several executors are appointed and there is no direction to the contrary in the will, the powers of all executors may be exercised by any one of them who has proved the will under section 274 of the Succession Act Cap 139.
Joint Executors — Liability for Acts of Co-Executor — Inactive Executor
An executor who unnecessarily leaves all duties of executing the estate into the sole hands of a co-executor cannot escape liability for any act done by that co-executor, particularly where the inactive executor has failed to participate in estate administration for several years.
Transfer of Title — Estate Property — Specific Performance
Where a contract for sale of estate property is made by one of two joint executors who has solely administered the estate, the contract binds both executors and the court may grant specific performance by directing the Registrar of Titles to register the purchaser based on transfer instruments signed only by the contracting executor.
Innocent Purchaser for Value — Diligence — Protection
A purchaser who engages reputable advocates to conduct a search, accepts assurances of good title, pays appropriate consideration and takes possession is entitled to protection as an innocent purchaser for value and is not disentitled to relief for lack of diligence.
Originating Summons — Appropriateness — Simple Questions
The procedure by originating summons is appropriate for the summary determination of simple and clear-cut questions of law or fact and is not misconceived merely because it raises issues arising from estate administration.

Legislation cited (1)

Cases cited (4)

  • Samwiri Massa & Rose Achen (1978) HCB 297
  • Kulsumbai Gulamhusein Jaffe & Ramji And Another v Abdul Hussein Mohamed Rahim [1957] EA 699
  • In re Giles [1890] 43 Ch D 391
  • In re Gasquoine, Gasquoine v Gasquoine [1894] 1 Ch D 470

Full judgment

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

Byamukama & Another v Rwomwiju (Civil Suit 514 of 2001) [2001] UGHC 114 (5 November 2001)
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.