Wakilii

In the Matter of an Application for letters of Administration without a will annexed by Nasajje and 3 Others (Miscellaneous Application 105 of 2022)

High Court · [2023] UGHC 92 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex-parte application for revocation of letters of administration arising from Administration Cause No. 0091 of 2009
Decision
Application dismissed for failure to prove death of co-administrator

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application dismissed. Court held that although the Succession Act permits revocation of letters of administration that have become inoperative through circumstances, applicants failed to prove the alleged death of the co-administrator by not producing a death certificate as claimed. Without proof of death, the court could not be satisfied that just cause existed to revoke the grant. Further, the application was brought under the wrong statutory provision (Section 222 instead of Section 234 of the Succession Act).

Outcome

Application dismissed for failure to prove death of co-administrator

Facts

On 22 October 2010, letters of administration for the estate of the late Bwami Kyengera Hamani were granted jointly to five persons including the four applicants and one Ssebugwawo Nasu. K. The applicants alleged that Ssebugwawo Nasu. K died on 26 July 2012, rendering the grant inoperative. They claimed that on 16 August 2022, all beneficiaries met and resolved to remove the deceased administrator's name from the grant. The applicants sought revocation of the existing grant and issuance of fresh letters of administration in the names of the four surviving applicants only, to enable them to administer the estate and transfer property. They claimed to have attached a death certificate but the court record contained no such document.

Issues

  1. Whether the Letters of Administration vide Administration Cause No. HCT-12-CV-AC-0091-2009 can be revoked following the death of one of the co-administrators.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Succession & Estates — Letters of Administration — Revocation — Burden of Proof
An applicant seeking revocation of letters of administration on the ground that a co-administrator has died must prove the alleged death by producing evidence such as a death certificate; a bare assertion of death in an affidavit without supporting documentary proof is insufficient to satisfy the court that just cause exists for revocation under Section 234 of the Succession Act.
Evidence — Proof of Facts — Burden of Proof on Party Asserting
Under Section 101(1) of the Evidence Act, whoever desires the court to give judgment dependent on the existence of facts which he or she asserts must prove that those facts exist; failure to discharge this burden results in dismissal of the application.
Succession & Estates — Letters of Administration — Revocation — Inoperative Grant
A grant of letters of administration may be revoked under Section 234(2)(d) of the Succession Act where it has become useless and inoperative through circumstances, such as the death of one or more co-administrators, but only upon proof of those circumstances.

Legislation cited (10)

Cases cited (2)

  • In the Matter of Piwa Clare and Biwaga Joan (High Court Miscellaneous Application No. 53 of 2016)
  • The Goods of William Loveday [1900] P 154

Full judgment

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

In the Matter of an Application for letters of Administration without a will annexed by Nasajje and 3 Others (Miscellaneous Application 105 of 2022) [2023] UGHC 92 (27 October 2023)
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.