Fredrick Tumusiime v Agnes Kyomuhangi and 2 Others [2026] UGHCLD 40

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that an application to terminate the incorporation of a body registered as a trust under the Trustees Incorporation Act must first be made to the Minister responsible for lands, who under section 17(1)(d) has power to authorise termination of incorporation and to direct liquidation and disposal of assets. The High Court's jurisdiction under section 17(2) is appellate only, arising where an applicant is aggrieved by the Minister's order, so it cannot hear such an application at first instance. The arbitration clause in the Trust Deed did not oust jurisdiction because, under section 5(1)(b) of the Arbitration and Conciliation Act, there was in fact no dispute between the parties. The application was dismissed with no order as to costs.

Outcome

Application dismissed for want of first-instance jurisdiction; applicant directed to apply to the Minister responsible for lands under the Trustees Incorporation Act

Facts

The applicant formed and registered the 'Fredrick Tumusiime Trust' in 2021, appointing the three respondents as trustees under a Trust Deed. He obtained a certificate of registration of the Trust as a corporate body from the Minister of Lands, Housing and Urban Development and registered it with the Uganda Registration Services Bureau on 5 August 2022. The stated object of the Trust was to manage assets and properties registered in the applicant's names for the benefit of the beneficiaries identified in paragraph 6 of the Trust Deed, namely integrated water, sanitation and hygiene systems for selected public schools in Lwebitakuli Sub-County, Sembabule District, an educational resource centre in the form of a community library at Plot 225, Kalinzi, Lwebitakuli, Mawogola Block 103, and the Uganda Society for the Protection and Care of Animals at Mbuya. The applicant contended that the beneficiaries were non-existent and that the Trust was therefore invalid, and sought revocation of the Trust, vesting of the trust property in himself as settlor, and discharge of the trustees. The respondents were served but neither answered the application nor attended court, and the matter proceeded ex parte.

Issues

1. Whether sufficient cause had been shown to revoke the Fredrick Tumusiime Trust, vest the trust property in the settlor and discharge the trustees.
2. Whether the arbitration clause in the Trust Deed required the matter to be referred to arbitration.
3. Whether the High Court had jurisdiction to entertain the application at first instance given section 17 of the Trustees Incorporation Act.

Orders

• Application fails and is dismissed.
• No order as to costs, the respondents having filed no answer to the application.
• Applicant advised to seek redress before the correct authority in accordance with the Trustees Incorporation Act, Cap. 271.

Rules and key headnotes

Legislation cited (5)

• Civil Procedure Act Cap. 282 s.98
• Civil Procedure Rules O.52 rr.1 & 3
• Arbitration and Conciliation Act Cap. 5 s.5(1)(b)
• Trustees Incorporation Act Cap. 271 s.17(1)(d)
• Trustees Incorporation Act Cap. 271 s.17(2)

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