Wakilii

Elinesti Babumba & 2 Ors V Ester Nakasi Kizito (Civil Suit No. 173 of 1987)

High Court · [1992] UGHC 4 · 1992 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance suit under section 265 of the Succession Act to remove caveat and grant Letters of Administration, heard ex parte after defendant's non-appearance
Decision
Letters of Administration granted to the two surviving plaintiffs to administer the estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that having children with the deceased does not confer widowhood status where no evidence of customary or other marriage or cohabitation at time of death is adduced. The defendant's claim to be a widow failed; the caveat was removed and Letters of Administration were granted to the two surviving plaintiffs as relatives of the deceased.

Outcome

Letters of Administration granted to the two surviving plaintiffs to administer the estate

Facts

The deceased Erifasi Kizito died without a will. Three relatives (brother, nephew, and niece) petitioned for Letters of Administration in Administration Cause No. 202/86. The defendant, claiming to be the deceased's widow, lodged a caveat. The plaintiffs brought this suit under section 265 of the Succession Act seeking removal of the caveat and grant of Letters of Administration. The first plaintiff died in 1987, leaving two surviving plaintiffs. At a meeting of elders and children of the deceased, the plaintiffs were selected to apply for Letters of Administration. The Administrator General issued a letter of no objection dated 19/6/86. Evidence showed the deceased was not married customarily or otherwise but had nine children from six different women, including the defendant who mothered two children. The defendant never cohabited with the deceased and resided at Bugerere. A parallel application by the defendant in the Chief Magistrate's Court was dismissed for want of prosecution. At hearing, the defendant and her counsel did not appear despite due service.

Issues

  1. Whether the defendant's caveat against the grant of Letters of Administration should be removed.
  2. Whether the plaintiffs were entitled to the grant of Letters of Administration to the estate of the late Erifasi Kizito.
  3. Whether the defendant qualified as a widow of the deceased for purposes of priority in grant of Letters of Administration under section 6 of the Administrator General's Act.

Orders

  • Defendant's caveat removed.
  • Letters of Administration granted to the two surviving plaintiffs Edward Bamujje and Keti Namyalo to administer the estate of the late Erifasi Kizito.
  • No order as to costs.

Rules and key headnotes

Letters of Administration — Priority of Grant — Widow Status
Under section 6 of the Administrator General's Act, a widow takes precedence over other relatives in consideration for grant of Letters of Administration, but having a child or children by the deceased is not sufficient to confer widowhood status in the absence of evidence of customary or other marriage or cohabitation with the deceased at the time of death.
Letters of Administration — Administrator General — Letter of No Objection
A letter of no objection issued by the Administrator General to an applicant constitutes proof that the Administrator General has declined to administer the estate and satisfies the requirement under section 6 of the Administrator General's Act for grant of Letters of Administration to persons other than executors or widows.
Ex Parte Proceedings — Non-Appearance Despite Service
Where a defendant fails to appear at hearing without explanation despite satisfactory evidence of due service of hearing notice, the court may proceed ex parte under Order 9 rule 17(1)(a) of the Civil Procedure Rules.

Legislation cited (4)

  • Succession Act s.265
  • Administrator General Act s.6
  • Civil Procedure Rules O.15 r.6
  • Civil Procedure Rules O.9 r.17(1)(a)

Full judgment

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

Elinesti Babumba & 2 Ors V Ester Nakasi Kizito (Civil Suit No. 173 of 1987) [1992] UGHC 4 (13 April 1992)
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.