Wakilii

Fredrick Tumusiime v Agnes Kyomuhangi and 2 Others (MISC CAUSE. NO. 0107 OF 2025)

High Court · [2026] UGHCLD 40 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion seeking revocation of a trust and discharge of trustees
Decision
Application dismissed for want of jurisdiction; applicant directed to seek redress before the correct authority

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application seeking revocation of a trust and discharge of trustees for want of jurisdiction. The court held that under section 17 of the Trustees Incorporation Act Cap. 271, the Minister responsible for lands has primary jurisdiction to authorize termination of incorporation of corporate bodies created under the Act. The High Court only has appellate jurisdiction and cannot hear such matters at first instance.

Outcome

Application dismissed for want of jurisdiction; applicant directed to seek redress before the correct authority

Facts

The applicant formed and registered the Fredrick Tumusiime Trust in 2021, appointing the three respondents as trustees. The trust was registered as a corporate body by the Minister of Lands, Housing and Urban Development and with URSB on August 5, 2022. The stated objective was to manage the applicant's assets for the benefit of specified beneficiaries including WASH systems for schools, an educational resource centre, and USPCA. The applicant subsequently filed an application seeking revocation of the trust, vesting of trust property in his name, and discharge of the trustees, claiming the beneficiaries were non-existent and the trust therefore invalid. The respondents were served but did not appear, and the matter proceeded ex parte.

Issues

  1. Whether sufficient cause has been shown to revoke the Trust and grant the prayers made
  2. Whether the High Court has jurisdiction to hear the application at first instance

Orders

  • Application dismissed
  • No order as to costs
  • Applicant advised to seek redress before the Minister responsible for lands in accordance with the Trustees Incorporation Act Cap. 271

Rules and key headnotes

Trusts — Revocation — Jurisdiction — Trustees Incorporation Act
Under section 17 of the Trustees Incorporation Act Cap. 271, the Minister responsible for lands has primary jurisdiction to authorize the termination of incorporation of any corporate body created under the Act, and the High Court only has appellate jurisdiction to hear appeals from the Minister's orders.
Administrative Law — Jurisdiction — Exhaustion of Administrative Remedies
Where a statute confers primary jurisdiction on an administrative authority and provides for appeal to the High Court, an applicant must first seek redress before the administrative authority and cannot approach the High Court at first instance.
Civil Procedure — Arbitration Clauses — Exception Where No Dispute Between Parties
Under section 5(1)(b) of the Arbitration and Conciliation Act Cap. 5, a court is not required to refer a matter to arbitration where it finds that there is in fact no dispute between the parties with regard to the matters agreed to be referred to arbitration.

Legislation cited (4)

Full judgment

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

Fredrick_Tumusiime_v_Agnes_Kyomuhangi_and_2_Others_(MISC_CAUSE._NO._0107_OF_2025)_[2026]_UGHCLD_40_(19_February_2026)
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.