Eng. Sendawula Mustafa and Another v Issa Kabali and Others (Civil Suit No. 192 of 2014)

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 High Court held that both plaintiffs had locus standi as administrator and biological child of the deceased respectively. The Administrator General breached its fiduciary duty by issuing a Certificate of No Objection for an estate already distributed under the Succession Register in 1939. The 1st defendant fraudulently obtained Letters of Administration by misrepresenting the date of death as 2002 and concealing living beneficiaries. The Registrar of Titles unlawfully removed caveats without statutory notice. The court revoked the Letters of Administration, granted a permanent injunction, and awarded general damages of UGX 50,000,000.

Outcome

Letters of Administration revoked; 1st defendant permanently restrained from intermeddling with estate; general damages and costs awarded to plaintiffs

Facts

The late Kawalana Bumbakali Kiriba died in 1939 and his estate was distributed under Succession Register Vol. 5B Page 689 pursuant to the 1912 Land Succession Law of Buganda. In 2008, the 1st defendant applied for and obtained Letters of Administration by falsely representing that the deceased died in 2002 and was survived by only one child, concealing the existence of the 2nd plaintiff (a biological daughter) and other beneficiaries. The Administrator General issued a Certificate of No Objection despite having custody of the Succession Register showing the estate had been distributed. The 1st defendant then transferred estate land (Kyaggwe Block 84 Plot 41 at Kiyunga, Mukono) into his own name and sold portions to third parties. The Registrar of Titles removed caveats lodged by beneficiaries without giving statutory notice. The 1st plaintiff is the administrator of the estate of Jaffari Kalanzi, a son of the deceased, and brought suit together with the 2nd plaintiff seeking revocation of the fraudulent grant.

Issues

1. Whether the Plaintiffs have locus standi to institute the suit.
2. Whether the 2nd Defendant was negligent and breached its duty of trust in granting a Certificate of No Objection in respect to the estate of the Late Kawalana Bumbakali Kiriba to the 1st defendant.
3. Whether the 1st Defendant fraudulently obtained Letters of Administration to the estate of the late Kawalana Bumbakali Kiriba.
4. Whether the 3rd Defendant wrongfully and unlawfully removed the 2nd defendant's caveats lodged on land comprised in Block 84 Plots 31, 32, 40, 41 situate at Kiyunga, Mukono District thus giving away to the 1st defendant's registration thereto and subsequent transactions thereon.
5. What remedies are available to the parties.

Orders

• Declaration issued that the 1st Defendant fraudulently obtained Letters of Administration to the estate of the late Kawalana Bumbakali Kiriba.
• The Letters of Administration granted to the 1st Defendant vide Administration Cause No. 1482 of 2008 are hereby revoked and annulled under section 230 of the Succession Act.
• A permanent injunction is issued restraining the 1st Defendant, his agents or servants from intermeddling with the estate.
• The 1st defendant shall pay to the plaintiffs a sum of UGX 50,000,000 (Uganda Shillings Fifty million) as general damages.
• Costs of the suit are awarded to the Plaintiffs and shall be paid by the 1st defendant.

Rules and key headnotes

Legislation cited (17)

• Evidence Act Cap. 8 s.101(1)
• Evidence Act Cap. 8 s.101(2)
• Evidence Act Cap. 8 s.102
• Evidence Act Cap. 8 s.103
• Succession Act s.176
• Succession Act s.188
• Succession Act s.230
• Administrator General's Act Cap. 157 s.2
• Administrator General's Act Cap. 157 s.4
• Administrator General's Act Cap. 157 s.6
• Registration of Titles Act Cap. 240 s.124(1)
• Constitution of Uganda 1995 Article 28
• Constitution of Uganda 1995 Article 44
• Civil Procedure Rules Order 7 rule 1(e)
• Civil Procedure Rules Order 7 rule 11
• Civil Procedure Rules Order 17 rule 4
• Succession Registers S.I. 150 of 1967

Cases cited (19)

• Jovelyn Barugahare v Attorney General (Supreme Court Civil Appeal No. 28 of 1993)
• Kinene Edward and Another v Simon Kaggwa and Others (High Court Civil Suit No. 258 of 2016)
• Sentongo v Kiyimba (High Court Civil Suit No. 53 of 2016)
• Njau & ors versus City Council of Nairobi (1976-1985)1 RA a 397 at 407
• Dima Domnic Poro v Inyani Godfrey and Another (High Court Civil Appeal No. 17 of 2016)
• Regina v Inland Revenue Commissioners, ex-parte the National Federation of Self-Employed and Small Businesses [1982] AC 617; [1981] 2 All ER 93; [1981] 2 WLR 722; [1981] 1 WLR 793
• quick Enterprises Ltd v Railways Corporations, Kisumu High Court Civil Case No. 22 of 1999
• Godfrey Sentongo v Kiyimba Joseph (High Court Civil Suit No. 53 of 2016)
• Nagaddya and Another v Administrator General (High Court Civil Suit No. 45 of 2021)
• Paulo Kawesa v Administrator General (High Court Civil Suit No. 918 of 1993)
• Administrator General v Bwanika James and Others (Court of Appeal Civil Appeal No. 07 of 2012)
• Fredrick Zaabwe v Orient Bank and Others (Supreme Court Civil Appeal No. 04 of 2006)
• Kampala Bottlers Ltd v Damanico (U) Ltd (Supreme Court Civil Appeal No. 22 of 1992)
• Bartley Davenport v Sselumaga (High Court Civil Suit No. 322 of 2021)
• Turyasingura Herbert v Nyakairu Winfred (High Court Civil Suit No. 373 of 2016)
• East Africa Foam Ltd v Attorney General and Others (Supreme Court Civil Appeal No. 02 of 2022)
• East Africa Foam Ltd v Attorney General and 2 Others (Supreme Court Civil Appeal No. 02 of 2022)
• Sebuliba v Cooperative Bank Ltd [1982] HCB 130
• Hajji Nasser Ntege Sebaggala v Kampala City Council and Others (High Court Miscellaneous Application No. 451 of 1999)

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