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(2)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application granted. The High Court ordered rectification of letters of administration granted in 1995 under Succession Act s.232, which permits alteration of grants where there are errors in names and descriptions. The deceased's name was corrected from 'Cyril Kakurungu' to 'Siriri Kakurungu' based on evidence including certificate of title showing vernacular version. The administrator's name was corrected from 'Turyazayo Ben (CMS)' to 'Turyazayo Benard Kakurungu' based on national identification card and statutory declaration. Previous grant ordered returned for revocation within seven days.

Outcome

Letters of administration rectified to reflect correct names of deceased and administrator; previous grant to be returned for revocation within 7 days

Facts

Letters of administration were granted on 22 November 1995 under High Court Administration Cause No. 209 of 1995 for the estate of the late Siriri Kakurungu. The applicant, who was the administrator, discovered that both his name and the deceased's name were incorrectly recorded in the grant. The administrator's name appeared as 'Turyazayo Ben (CMS)' instead of his correct name 'Turyazayo Benard Kakurungu' as shown on his national identification card and statutory declaration. The deceased's name was recorded as 'Cyril Kakurungu' instead of 'Siriri Kakurungu'. Evidence showed the deceased used the vernacular version 'Siriri' on official documents including a certificate of title. Minutes of a family meeting of beneficiaries also referred to the deceased as Siriri Kakurungu. The applicant sought rectification of both names on the grant.

Issues

1. Whether the letters of administration should be rectified to reflect the correct name of the deceased as 'Siriri Kakurungu' instead of 'Cyril Kakurungu'.
2. Whether the letters of administration should be rectified to reflect the correct name of the administrator as 'Turyazayo Benard Kakurungu' instead of 'Turyazayo Ben (CMS)'.

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.
• Administration Cause No. 209 of 1995 over the Estate of the Late Siriri Kakurungu 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.