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 the will) (Administration Cause 80 of 2022)

High Court · [2023] UGHC 223 Caveat Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary ruling on timeliness of caveat lodged against application for grant of probate
Decision
Caveat upheld. Matter to proceed with caveators following proper procedure for challenging the grant.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a caveat against the grant of probate may be lodged after the fourteen-day notice period prescribed under the Judicature (Administration of Estates) Rules. The fourteen days constitute guidance on when the court may grant probate, not an absolute bar on lodging caveats. The notice itself contemplates justifiable cause being shown after the fourteen days. A caveat becomes time-barred only after the grant of probate has been issued.

Outcome

Caveat upheld. Matter to proceed with caveators following proper procedure for challenging the grant.

Facts

The deceased died testate on 6 May 2022, naming Steven John Waidhuba and Isendabaguzi Daudi Ruth Mpamuleyi as executors in his will. The deceased was survived by a widow and ten children. The executors applied for probate on 8 August 2022 and advertised the notice on 10 August 2022. The matter was fixed for identification of applicants on 5 September 2022 but adjourned to 27 September 2022. On 27 September 2022, a caveat was lodged by the widow and six of the deceased's children challenging the will and the authenticity of the death certificate. The petitioners objected to the caveat on the ground that it was filed outside the mandatory fourteen-day period stipulated in the notice of intention to apply for probate.

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

Caveats Against Grant of Probate — Time Limits for Lodging
A caveat against the grant of probate may be lodged after the expiry of the fourteen-day notice period prescribed under Rule 3 of the Judicature (Administration of Estates) Rules, provided the grant has not yet been issued. The fourteen days constitute guidance to the court on when it may proceed to grant probate, not an absolute time bar on lodging caveats.
Caveats Against Grant of Probate — Effect of Notice Language
Where a notice of application for probate states that the court will proceed to grant probate if no caveat is lodged within fourteen days 'unless a justifiable cause be shown to the contrary,' the notice itself contemplates the possibility of an objection being raised after the fourteen-day period. The lapse of fourteen days does not automatically extinguish the right to show cause why the grant should not be issued.
Statutory Time Limits — Interpretation — Procedural vs Jurisdictional
The fourteen-day period in Rule 3 of the Judicature (Administration of Estates) Rules is a procedural direction to the court to wait before granting probate, not a jurisdictional time limit that bars subsequent objections. Section 253 of the Succession Act does not prescribe a time frame for lodging caveats. A caveat can be lodged at any time before the grant is actually issued.

Legislation cited (6)

Cases cited (5)

  • Kisitu John Bosco and Another v Ntege Steven and 2 Others (HCCS No. 189 of 2017)
  • Kasirye Byaruhanga & Co. Advocates v Uganda Development Bank (SCCA 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 (AC 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 the will) (Administration Cause 80 of 2022) [2023] UGHC 223 (20 January
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.