Wakilii

Davenport v Sselumaga (Civil Suit 322 of 2021)

High Court · [2023] UGHCFD 164 · 2023 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit arising from Administration Cause No. 440 of 2021, heard ex parte following defendant's failure to appear despite service
Decision
Judgment entered for the plaintiff; Letters of Administration revoked; Letters of Probate granted to plaintiff; land title subdivisions partially cancelled; defendant permanently enjoined from dealing with the estate

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

Held that the defendant fraudulently obtained Letters of Administration by presenting false information about the deceased's death, including a forged death certificate and false claims that the deceased died intestate in Uganda when he actually died testate in Texas, USA. The Letters of Administration were revoked under Succession Act s.234 and Letters of Probate granted to the plaintiff as the executor named in the deceased's Will. The court ordered cancellation of land subdivisions created by the defendant but declined to cancel subdivisions transferred to third parties (Plots 1388 and 1389) as they were not parties to the suit and entitled to a fair hearing under Article 28(1) of the Constitution. General damages of UGX 250,000,000 awarded for property damage and distress caused.

Outcome

Judgment entered for the plaintiff; Letters of Administration revoked; Letters of Probate granted to plaintiff; land title subdivisions partially cancelled; defendant permanently enjoined from dealing with the estate

Facts

The Late Joseph Balikuddembe Mukasa died on 13th January 2013 in Texas, USA, leaving a Will dated 26th December 2012 appointing William Bartley Davenport as executor. The deceased owned land comprised in Block 337 Plots 328 and 458 at Mugongo, Wakiso District, where he operated an NGO caring for orphans and underprivileged children. The defendant, Sselumaga John Baptist, the deceased's brother, obtained a death certificate from NIRA on 8th April 2021 falsely stating the deceased died on 13th May 2013 in Uganda at age 77 of natural death at Nkokonjeru. Using this forged certificate, the defendant obtained a Certificate of No Objection from the Administrator General and was granted Letters of Administration on 19th May 2021 on the false premise that the deceased died intestate. The defendant then registered himself as administrator on the land titles, subdivided Plot 328 into Plots 1388, 1389, and 1390, subdivided Plot 458 into Plots 459 and 460, and transferred Plots 1388 and 1389 to third parties Eddie Jingo and David Ssebunya. He also graded the land, destroyed property including a wall fence and fruit trees, and exhumed the remains of the deceased's mother. The plaintiff, acting through Robert Kayanja as attorney, brought this suit to revoke the fraudulent Letters of Administration, obtain Letters of Probate, and cancel the fraudulent land dealings. The defendant failed to appear despite service, and the matter proceeded ex parte.

Issues

  1. Whether the defendant fraudulently obtained Letters of Administration for the estate of the Late Joseph Balikuddembe Mukasa?
  2. Whether there are grounds for revocation of Letters of Administration vide Administration Cause No. 440 of 2021?
  3. Whether there are grounds for grant of probate of a Will for the estate of the Late Joseph Balikuddembe Mukasa to his executor William Bartley Davenport?
  4. Whether the defendant was fraudulently/illegally registered on the Certificate of Title for land comprised of Block 337 Plot 328 which was subdivided into Plots 1388, 1389, 1390, and Plot 458 which was subdivided into Plots 459 and 460 land at Mugongo?
  5. Whether there are grounds for cancellation of the certificates of title which are subdivisions arising from Block 337 Plot 328 which was subdivided into Plots 1388, 1389, 1390, and Plot 458 which was subdivided into Plots 459 and 460 land at Mugongo?
  6. What are the remedies available to the parties?

Orders

  • Letters of Administration to the Estate of the Late Joseph Balikuddembe Mukasa granted to the defendant on 19th May 2021 vide Administration Cause No. 440 of 2021 are hereby revoked and annulled.
  • A citation directing the defendant to surrender and deliver to this Court the Letters of Administration granted to him on 19th May 2021 within five (5) days from the date of this Judgment.
  • The defendant is directed to make a just and true inventory or account of all personal effects and properties of the Late Joseph Balikuddembe Mukasa within seven (7) days from the date of this Judgment.
  • Letters of Probate are hereby granted to William Bartley Davenport as executor of the Estate of the Late Joseph Balikuddembe Mukasa.
  • The Commissioner Land Registration is directed to cancel the Special Certificates of title for land comprised in Block 337 Plot 1390 and Block 337 Plot 458 which was subdivided into Plots 459 and 460 and all entries made thereon.
  • The Commissioner Land Registration is ordered to cancel all other subdivisions arising from Block 337 Plots 328 and 458 other than Plots 1388 and 1389.
  • The Commissioner of Land Registration is ordered to cancel the registration of Sselumaga John Baptist under Administration Cause No. 440 of 2021 from the land comprised in Block 337 Plot 1390 and Block 337 Plot 458 subdivided into Plots 459 and 460 and any subdivisions arising therefrom other than Plots 1388 and 1389.
  • An order substituting Sselumaga John Baptist with the registration of William Bartley Davenport as executor to the Estate of the Late Joseph Balikuddembe Mukasa on the said plots.
  • A permanent injunction restraining the defendant from further dealing with the estate of Late Joseph Balikuddembe Mukasa.
  • A declaration that the defendant is in breach of the Administration bond to the High Court of Uganda.
  • General Damages of UGX 250,000,000 (Uganda Shillings Two Hundred Fifty Million) awarded to the plaintiff.
  • Costs awarded to the plaintiff.

Rules and key headnotes

Revocation of Letters of Administration — Fraud — Just Cause under Succession Act s.234
Under Section 234(2)(b) of the Succession Act, just cause for revocation of Letters of Administration exists where the grant was obtained fraudulently by making a false suggestion or by concealing from the court something material to the case, including presentation of a forged death certificate with false details of the deceased's date of death, place of death, and residence, and false representation that the deceased died intestate when he actually died testate.
Death Certificates — Dual Certificates — Evidentiary Value
There can never be two death certificates for one person, as a death certificate replaces the identity of a living person and confirms that a person is no longer alive. Where contradictory death certificates are presented, the court must determine which is genuine based on the evidence adduced. A death certificate procured through false declarations to NIRA officials is invalid.
Grant of Probate — Testamentary Capacity — Appointment of Executor
Under Sections 182 and 184 of the Succession Act, probate can be granted only to an executor appointed by the Will, provided such person is not a minor or of unsound mind. Where a valid Will exists appointing an executor and no contrary Will is presented, the court will grant probate to the appointed executor.
Fraudulent Registration — Administrator — Cancellation of Title Subdivisions
Where an administrator fraudulently obtains Letters of Administration and uses them to register himself on land titles and create subdivisions, the court has jurisdiction to order cancellation of such subdivisions and removal of the fraudulent administrator from the register. However, this jurisdiction does not extend to cancelling titles that have been transferred to third parties who are not parties to the suit.
Fair Hearing — Article 28(1) — Third Party Rights — Audi Alteram Partem
The right to a fair hearing under Article 28(1) of the Constitution is a non-derogable right under Article 44(c). A court cannot make orders disentitling third parties of their registered interests in land when such parties have not been heard, as to do so would condemn them without affording them a fair hearing, which would be contrary to Article 28 of the Constitution.
Fraud — Standard of Proof — Elements of Fraud
Fraud must be strictly proved with a burden heavier than the balance of probabilities generally applied in civil matters. Fraud is an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with something valuable or to surrender a legal right. Once fraud is proved, it vitiates judgments, contracts, and all transactions whatsoever.
Damages — Breach of Administration Bond — Property Destruction by Administrator
Where an administrator fraudulently obtains Letters of Administration and proceeds to damage estate property, including destroying food crops, fruit trees, wall fences, grading land, and exhuming remains of a deceased person buried on the property, the court may award general damages for the loss and distress caused. Such conduct constitutes a breach of the administration bond to administer the estate according to law.

Legislation cited (11)

Cases cited (5)

  • Kampala Bottles Ltd v Damanico (U) Ltd (Supreme Court Civil Appeal No. 22 of 1992)
  • [1956] 1 QB 702
  • F.K. Zaabwe v Orient Bank & Others (Supreme Court Civil Appeal No. 04 of 2006)
  • Caroline Turyatemba & 4 Others v Attorney General & Another (Constitutional Petition No. 15 of 2006)
  • Collins Versus Blantern (1767) 1 Smith's L.C 13th Ed.

Full judgment

↓ Download PDF

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

Davenport v Sselumaga (Civil Suit 322 of 2021) [2023] UGHCFD 164 (12 September 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.