In the matter of An Application for revocation of letters of Administration by Luzzi Rosette Namuli and others (Miscellaneous Application No. 105 of 2023; Miscellaneous Application No. 107 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where one of multiple administrators dies, the letters of administration become inoperative under Section 234(2)(d) of the Succession Act and must be revoked. The court revoked the original grant and issued a fresh grant to the surviving administrators who had been previously vetted and remained fit and proper persons. The grant was extended to allow completion of estate administration where beneficiaries consented and the estate remained undistributed.
Outcome
Original letters of administration revoked; fresh grant issued to surviving administrators with extension to complete estate administration
Facts
Letters of administration for the estate of the late Yosiya Kaala Sajjabi were granted to four administrators in June 2012. One administrator, Grace Muwamba, died in June 2021. The surviving administrators filed applications seeking revocation of the original grant and issuance of a fresh grant, as the letters had become inoperative due to the death of one administrator. Before the first application could be heard, the surviving administrators filed a second application on the basis that the letters had expired following amendments to the Succession Act in 2022. The beneficiaries consented to the renewal of the grant to the surviving administrators. The estate remained undistributed.
Issues
- Whether the letters of administration issued should be revoked
- Whether the surviving applicants are fit and proper persons to continue the administration of the estate
- Whether the letters of administration issued should be extended
Orders
- The Letters of Administration granted to Paul Luzzi, Rosette Namuli Kaala Mutyaba, Grace Muwamba and Richard Ssenyondwa vide HCAC No. 19 of 2011 are hereby revoked.
- A fresh grant is issued in favor of Paul Luzzi, Rosette Namuli Kaala Mutyaba and Richard Ssenyondwa.
Rules and key headnotes
Legislation cited (6)
Cases cited (5)
- Re Javuru Apollo Michael (Miscellaneous Application No. 23 of 2014)
- Re Estate of the late Charles Mwanje (Miscellaneous Cause No. 15 of 2015)
- Re Estate of the late John Peter Otto (Miscellaneous Cause No. 9 of 1992)
- Re Estate of the Late Asiimwe Kadri (Miscellaneous Application No. 74 of 2023)
- In the matter of the Estate of Ndabakwatsa John (Miscellaneous Application No. 275 of 2024)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.