Wakilii

Hajati Mariam Nabukera v Alamanzane Jjuko (Civil Suit No. 287 of 1991)

High Court · [1993] UGHC 122 · 1993 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking revocation of letters of administration
Decision
Letters of administration revoked; estate to be administered according to the will dated 16 August 1976

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the will of the deceased Sudi Baleke dated 16 August 1976 was valid, having been properly executed under section 50(1) of the Succession Act. The court found that beneficiaries and religious leaders had no lawful power to set aside the will and that the agreement to distribute the estate under sharia law was contrary to law. Letters of administration granted to the defendant were revoked on the ground that the court had not been informed of the existence of a valid will which had been illegally set aside. The estate must be administered in accordance with the deceased's will.

Outcome

Letters of administration revoked; estate to be administered according to the will dated 16 August 1976

Facts

Haji Sudi Baleke died on 13 December 1986, leaving a widow (the plaintiff) and eight children. The deceased had executed a will on 16 August 1976, witnessed by Sheik Kinene, Gregory Kisutu, and Bumali Milo. Following the deceased's death and burial, the will was read to the family. The defendant, appointed heir by the family, subsequently obtained letters of administration on 14 July 1987, having informed the court that the deceased did not leave a will. At a family meeting on 9 January 1987, beneficiaries allegedly agreed to set aside the will and distribute the estate under sharia law. The plaintiff objected immediately, instructing lawyers who wrote to the head of the clan on 5 January 1987 warning against ignoring the will. The plaintiff alleged that letters of administration were fraudulently obtained and that the defendant distributed the estate contrary to the will's provisions, including evicting her from the matrimonial home and appropriating property bequeathed to her.

Issues

  1. Whether the late Sudi Baleke left a valid will.
  2. Whether the defendant fraudulently obtained Letters of Administration in Administration Cause No. 221/87 in respect of the estate of late Sudi Baleke.
  3. If it is held that the late Sudi Baleke left a valid will whether the defendant is entitled to administer the estate in contravention and disregard of that will.
  4. Whether the plaintiff is entitled to the remedies prayed for in the plaint.

Orders

  • The Will of late Sudi Baleke dated 16/8/1976 is valid, and his estate should accordingly be administered according to his Will.
  • Letters of Administration granted to Alamanzane Jjuko of Bujuko Kaboja - Busiro are hereby revoked.
  • The plaintiff is awarded costs.

Rules and key headnotes

Wills — Execution and Validity — Requirements under Succession Act s.50(1)
A will is validly executed under section 50(1) of the Succession Act where the testator signs or affixes his mark to the will and it is attested by two or more witnesses, each of whom has either seen the testator sign or has received from the testator a personal acknowledgement of his signature, and each witness signs in the presence of the testator. It is not necessary that more than one witness be present at the same time.
Documentary Evidence — Proof of Attested Documents
Under section 66 of the Evidence Act, a document required by law to be attested shall not be used as evidence until one attesting witness at least has been called to prove its execution. Where one attesting witness gives credible evidence of the testator acknowledging his signature before witnesses who signed the will, execution is proved.
Wills — Setting Aside — Grounds for Declaring Will Void
Under section 48 of the Succession Act, a will may be declared void only where the making of the will has been caused by fraud or coercion or by such importunity as takes away the free agency of the testator. The fact that a will omits certain children or gives reasons for bequests that beneficiaries dispute does not invalidate the will. A testator is free to make a will bequeathing property as he chooses.
Wills — Beneficiaries' Power — No Authority to Set Aside Valid Will
Beneficiaries under a will, together with religious and clan leaders, have no lawful power to set aside a valid will after the death of the testator. Only the testator during his lifetime may alter or revoke his will under section 49 of the Succession Act. An agreement by beneficiaries to disregard a will and distribute an estate under alternative rules is contrary to law and of no effect.
Letters of Administration — Revocation under Succession Act s.233
Under section 233 of the Succession Act, a grant of probate or letters of administration may be revoked or annulled for just cause. Where letters of administration are granted on the basis that the deceased died intestate when in fact a valid will exists, the court was not properly informed and the grant constitutes just cause for revocation.

Legislation cited (12)

Cases cited (2)

  • Theobald on Wills 14th Ed P. 116
  • Snells on Principles of Equity 26th Ed page 244 paragraph 2

Full judgment

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Hajati Mariam Nabukera v Alamanzane Jjuko (Civil Suit No. 287 of 1991) [1993] UGHC 122 (13 July 1993)
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.