In the matter of an Application to rectify the name indicated in the grant for the estate of the late Siriri Kakurungu (Miscellaneous Application 115 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application to rectify the letters of administration originally issued in 1995. The court ordered that the deceased's name be corrected from 'Cyril Kakurungu' to 'Siriri Kakurungu' and the administrator's name be corrected from 'Turyazayo Ben (CMS)' to 'Turyazayo Benard Kakurungu (SON)', relying on Section 232 of the Succession Act which permits alteration of grants where there are errors in names and descriptions.

Outcome

Application granted; rectified grant of letters of administration to be issued with corrected names; previous grant to be returned for revocation

Facts

The applicant, Turyazayo Benard Kakurungu, was granted letters of administration for the estate of his late father on 22 November 1995 under High Court Administration Cause No. 209 of 1995. The grant contained errors in both the deceased's name and the administrator's name. The deceased's name was recorded as 'Cyril Kakurungu' instead of the correct 'Siriri Kakurungu', the vernacular version he used on all official documents including a certificate of title. The administrator's name was misspelled as 'Turyazayo Ben (CMS)' instead of 'Turyazayo Benard Kakurungu'. The applicant provided supporting evidence including his national identification card, a statutory declaration, the certificate of title showing the deceased as 'Siriri Kakurungu', and minutes of a family meeting of beneficiaries.

Issues

1. Whether the grant of letters of administration should be rectified to correct errors in the deceased's name from 'Cyril Kakurungu' to 'Siriri Kakurungu'.
2. Whether the grant should be rectified to correct the administrator's name from 'Turyazayo Ben (CMS)' to 'Turyazayo Benard Kakurungu (SON)'.

Orders

• The letters of administration granted vide High Court Administration Cause No. 209 of 1995 be rectified to instead bear the true name of the deceased as SIRIRI KAKURUNGU.
• The letters of administration in Administration Cause No. 209 of 1995 be rectified to instead bear the true names of the administrator as TURYAZAYO BENARD KAKURUNGU (SON) of the deceased.
• The previous grant should be returned to this Court for revocation within 7 days from the date of notification of this Ruling.
• Costs on the estate of the late Siriri Kakurungu.

Rules and key headnotes

Legislation cited (3)

• Civil Procedure Act Cap 71 s.98
• Succession Act Cap 162 s.232
• Civil Procedure Rules SI 71-1 Order 52 rules 1, 2 and 3

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