Wakilii

Evelyn Aciro, Alfred Bongomin v Y.E. Obina (Civil Suit No.20 Of 1997) (Civil Suit No.20 of 1997)

High Court · [1999] UGHC 18 · 1999 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for revocation of letters of administration
Decision
Letters of administration revoked and granted to the first plaintiff; defendant ordered to surrender letters and file accounts.

Observed later treatment

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Holding

The court held that the grant of letters of administration to the defendant must be revoked because he fraudulently concealed the existence of the deceased's widow and two children, and failed to disclose a bank account. Under the Succession Act as amended, the widow was entitled to a greater proportion of the estate than the defendant and should have been cited before the grant was made. Letters of administration were granted to the first plaintiff as the lawful customary widow.

Outcome

Letters of administration revoked and granted to the first plaintiff; defendant ordered to surrender letters and file accounts.

Facts

The deceased, Lt. Joseph Paito, died intestate on 18 July 1995, leaving a widow (first plaintiff) whom he had married under Acholi customary law in 1992, and several children including two by the first plaintiff. The defendant, the deceased's father, applied for and obtained letters of administration on 7 July 1997 without informing the widow or obtaining her consent. In his application, the defendant failed to disclose the existence of the widow, two of the deceased's children (Isaiah Ogola and Jimmy Okwera), and a bank account with a balance of UGX 820,748. The defendant also denied the widow access to the deceased's properties and allegedly mismanaged the estate for his own benefit. The plaintiffs brought this action for revocation of the grant. The defendant did not enter appearance and the matter proceeded ex parte.

Issues

  1. Whether the first plaintiff was married to the deceased under Acholi custom and the law of Uganda.
  2. Whether the grant of letters of administration to the defendant should be revoked.
  3. Whether letters of administration should be granted to the first plaintiff.
  4. Who is to take custody of the children of the deceased.
  5. What remedies are available to the plaintiffs.

Orders

  • An order revoking the letters of administration granted to the defendant.
  • An order calling upon the defendant to surrender forthwith the letters of administration granted to him on July 7, 1997.
  • An order calling upon the defendant to file up to date account in respect of the estate of the deceased.
  • An order granting letters of administration of the estate of the late Lt. Joseph Paito Ajulo to the first plaintiff, Evalyne Aciro.
  • Costs of this suit are granted to the plaintiffs.

Rules and key headnotes

Family Law — Customary Marriage — Validity — Partial Payment of Dowry
Under Acholi customary law, a marriage is valid notwithstanding non-payment of the full dowry where part of the dowry has been paid and the parties have lived together as husband and wife.
Succession & Estates — Letters of Administration — Revocation — Just Cause — Fraudulent Concealment
Letters of administration may be revoked under section 233(2)(b) of the Succession Act where the grant was obtained fraudulently by concealing from the court something material to the case, including the existence of a surviving widow and children of the deceased.
Succession & Estates — Letters of Administration — Grant — Priority — Entitlement to Greatest Proportion
Under sections 201 and 202 of the Succession Act as amended, administration shall be granted to the person entitled to the greatest proportion of the estate, and no grant shall be made to a relative entitled to a lesser proportion without first issuing citation to the relative entitled to a greater proportion.
Succession & Estates — Distribution of Estates — Widow's Entitlement — Priority Over Father
Under section 28(1)(a) of the Succession Act as amended by Decree 22 of 1972, a widow is entitled to 15% of the intestate estate while the father as a distant relative is entitled to only 9%, and therefore the widow has priority over the father for the grant of letters of administration.

Legislation cited (9)

Full judgment

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

Evelyn Aciro, Alfred Bongomin v Y.E. Obina (Civil Suit No.20 Of 1997) (Civil Suit No.20 of 1997) [1999] UGHC 18 (10 June 1999)
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.