Wakilii

In the matter of an application for probate by Steven John Waidhuba (son of the deceased) and Waidhuuba Isendabaguzi Daudi Ruth Mpamuley (executor of(2)

High Court · [2023] UGHCFD 1 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for probate with caveat lodged challenging the timing of the caveat registration
Decision
Caveat upheld; caveators to proceed under the Succession Act procedure

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the 14-day period stipulated in the Judicature (Administration of Estates) Rules directs the court when it may grant probate, but does not create an absolute bar to lodging a caveat after that period. A caveat may be lodged after 14 days where the grant has not yet been issued and justifiable cause is shown. The caveat was not time barred.

Outcome

Caveat upheld; caveators to proceed under the Succession Act procedure

Facts

The late Baatakan Ayazika Yokusani Azimavesi Akuboota died testate on 6 May 2022. His will named Steven John Waidhuba and Isendabaguzi Daudi Ruth Mpamuleyi as executors. The petitioners applied for probate on 8 August 2022. Notice of the application was published on 10 August 2022 in Bukedde Newspaper. The deceased's widow, Lovisa Ayazika Marion Kateme, and six of his ten children lodged a caveat on 27 September 2022, challenging the will and the authenticity of the death certificate. The petitioners objected to the caveat on the ground that it was filed after the mandatory 14-day period prescribed by law. The matter was referred to the judge for directions.

Issues

  1. Whether the caveat lodged by the Applicants after the expiry of the fourteen days from the date of advertising the notice of the application is time barred.

Orders

  • The caveat lodged after the fourteen days stands.
  • The caveators are advised to follow the right procedure as provided for under the Succession Act.

Rules and key headnotes

Succession & Estates — Probate — Caveat — Time Limits for Lodging Caveat
The 14-day period stipulated in Rule 3 of the Judicature (Administration of Estates) Rules SI 13-7 directs the court when it may grant probate, but does not create an absolute deadline for lodging a caveat. A caveat may be lodged after 14 days provided the grant has not yet been issued and justifiable cause is shown.
Civil Procedure — Caveats — Effect of Notice Clause Permitting Justifiable Cause After 14 Days
Where a notice of intention to apply for probate states that the court will proceed to grant probate after 14 days unless justifiable cause be shown to the contrary, the lapse of 14 days does not automatically extinguish the right to lodge a caveat or show cause why the grant should not be issued.
Succession & Estates — Probate — Caveats — Right to Object After 14 Days
Section 253 of the Succession Act does not prescribe a time frame for lodging a caveat against the grant of probate. The right to lodge a caveat continues until the court issues the grant, subject to showing justifiable cause.

Legislation cited (6)

Cases cited (5)

  • Kisitu John Bosco and Another v Ntege Steven and 2 Others (High Court Civil Suit No. 189 of 2017)
  • Kasirye Byaruhanga & Co. Advocates v Uganda Development Bank (Supreme Court Civil Appeal No. 2 of 1997)
  • Arnold vs General Electricity Generating Board [1988] AC 288
  • Nicholson Vs England [1926]
  • Delahaije Joseph Geetruda v Kasolo Robins Ellis and Kisembo John (Administration Cause No. 1558 of 2018)

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 probate by Steven John Waidhuba (son of the deceased) and Waidhuuba Isendabaguzi Daudi Ruth Mpamuley (executor of(2)
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.