Ddumba and 2 Others v Ssentumu and 2 Others (Civil Suit 429 of 2016)

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.

Holding

The court held that the defendants fraudulently obtained letters of administration by misrepresenting themselves as children of the deceased and concealing the existence of the deceased's will and prior administration by the Administrator General. The subsequent registration of estate property in the defendants' names was unlawful. The fraudulently obtained letters of administration were revoked and the defendants were ordered to account for all estate properties dealt with during their unlawful administration.

Outcome

Fraudulently obtained letters of administration revoked; estate property title to be cancelled and reverted to deceased's name; Administrator General to continue estate administration; defendants permanently restrained from intermeddling with estate

Facts

The late Kanani Kasibante died testate on 21 May 1982 leaving a valid will. The Administrator General obtained letters of administration with will annexed on 20 October 1983 and distributed the estate, filing a final account on 5 July 2011. The defendants, falsely representing themselves as children of the deceased, obtained a certificate of no objection from the Administrator General in December 2007 by concealing the prior administration and the existence of the will. They petitioned court stating the deceased died intestate in 1987 and obtained letters of administration on 17 March 2008. Using these letters, they registered themselves as joint proprietors of estate land comprised in Ssingo Block 732 Plot 2 at Kyamuyaga. The Administrator General's office, due to non-computerisation of records before 2009, was unaware of the prior administration when it issued the certificate to the defendants. Upon complaint by the plaintiffs (biological son and grandchildren of the deceased), the Administrator General discovered the error, renounced administration, and issued a certificate of no objection to the plaintiffs on 21 February 2015. The plaintiffs then sought letters of administration, prompting the defendants to lodge a caveat. The plaintiffs filed this suit seeking revocation of the defendants' letters of administration, cancellation of property registrations, and other relief.

Issues

1. Whether the defendants fraudulently obtained letters of administration to the estate of the late Kanani Kasibante.
2. Whether the subsequent actions of the defendants in the estate of the late Kanani Kasibante are lawful.
3. What remedies are available to the parties.

Orders

• The letters of administration granted to the defendants vide Administration Cause No. 2045 of 2007 are hereby revoked.
• The defendants shall render to this court a full account of the properties and credits of the late Kanani Kasibante's estate from 2008 to date.
• The defendants shall be liable for all actions done as a result of their holding letters of administration to the estate of the late Kanani Kasibante vide Administration Cause No. 2045 of 2007.
• An order for cancellation of the defendants' names from the certificate of title to the land comprised in Ssingo Block 723 Plot 2 at Kyamuyaga plus other properties of the said deceased, if found to be registered in the defendants' names at the time of judgment.
• All certificates of title earlier registered in the names of the late Kanani Kasibante and all unregistered properties shall revert to his name and any future registration done in accordance with the distribution scheme filed by the Administrator General shall emanate therefrom.
• The Administrator General shall continue to administer the estate for purposes of the required transfers to avoid confusion and for purposes of closure.
• The petition for letters of administration filed by the plaintiffs in respect of the estate of the late Kanani Kasibante vide High Court Administration Cause No. 431 of 2016 is hereby struck out.
• The defendants and or their agents are hereby permanently restrained from intermeddling with the estate of the late Kanani Kasibante.
• The defendants shall pay UGX 50,000,000 as general damages to the estate of the late Kanani Kasibante.
• The defendants shall bear the costs of this suit.

Rules and key headnotes

Legislation cited (7)

• Evidence Act Cap 6 s.101(1)
• Evidence Act Cap 6 s.102
• Registration of Titles Act s.59
• Registration of Titles Act s.77
• Succession Act s.234(2)(b)
• Civil Procedure Rules O.9 r.10
• Civil Procedure Rules O.17 r.4

Cases cited (12)

• Sengendo v Attorney General (1972) 1 EA 140
• Mufumba Fredrick v Waako Lastone (Revision Cause No. 006 of 2011)
• Oloka Onyango and Others v Attorney General (Constitutional Petition No. 6 of 2014)
• Massa v Achen [1978] HCB 279
• Samwiri Massa v Rose Achen (1978) HCB 297
• Fredrick J.K Zaabwe v Orient Bank and Others (Supreme Court Civil Appeal No. 4 of 2006)
• Stella Maris Amabilis and Another v Esther Nabusakala [2009] UGHC 21
• Fam International Limited and Ahmad Farah v Mohamed El Faith [1994] KALR 307
• Kampala Bottlers Limited v Damanico (U) Ltd (Civil Appeal No. 22 of 1992) [1993] UGSC
• Uganda Commercial Bank v Kigozi [2002] 1 EA 305
• Hadley v Baxendale (1854) 9 Exch 341
• Charles Acire v. M. Engola

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