In the matter of an application to strike out the name Nsubuga Nathan in the probate letters of administration (Miscellaneous Application 102 of 2025

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court held that the death of a co-administrator renders a joint grant of letters of administration useless and inoperative under Section 230(2)(d) of the Succession Act, requiring revocation of the original grant. A deceased co-administrator's name cannot be struck out without first revoking the grant. The Court revoked the original joint grant and issued fresh letters of administration to the surviving administrator as sole administrator, finding him fit and proper based on family consensus and his prior appointment.

Outcome

Original grant revoked; fresh grant issued to surviving administrator as sole administrator

Facts

Nsubuga Nathan Lugonda and Nsubuga Nathan were jointly appointed co-administrators of the estate of the late Bulayi Tina Beewo under Administration Cause No. 111 of 2013. Nsubuga Nathan died on 27 January 2024. A family meeting held on 2 April 2025 resolved that the applicant, Nsubuga Nathan Lugonda, should continue as sole administrator. The applicant brought an ex parte application seeking to strike out the deceased co-administrator's name and be appointed sole administrator. The original grant had become inoperative due to the death of one of the joint administrators.

Issues

1. Whether the death of a co-administrator renders a grant of letters of administration useless and inoperative under Section 230(2)(d) of the Succession Act.
2. Whether the Court should revoke the original grant and issue a fresh grant to the surviving administrator.
3. Whether the applicant is a fit and proper person to be granted letters of administration as sole administrator.

Orders

• The original grant of Letters of Administration issued under Jinja High Court Administration Cause No. 111 of 2013 is hereby revoked for having become inoperative following the death of one of the grantees.
• The name NSUBUGA NATHAN (deceased) is hereby struck out from the grant.
• A fresh grant of Letters of Administration is hereby issued to NSUBUGA NATHAN LUGONDA as the sole administrator of the estate of the late Bulayi Tina Beewo.
• The Applicant shall return the original Letters of Administration issued under Jinja High Court Administration Cause No. 111 of 2013 to the Court for cancellation.
• The Administrator shall file an Inventory of the estate not later than 25th October 2025 and submit a Final Account by 25th April 2026.
• The Letters of Administration so granted will expire on 25th April 2026.
• No order is made as to costs.

Rules and key headnotes

Legislation cited (6)

• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules S.I 71-1 Order 52 Rules 1, 2, 3
• Succession Act Cap 268 s.230(1)
• Succession Act Cap 268 s.230(2)(d)
• Succession Act Cap 268 s.230(5)
• Succession Act Cap 268 s.273

Cases cited (7)

• Rwamasaka & Others v Mwabguhyo Another (High Court Miscellaneous Application No. 112 of 2021)
• In the Estate of the Late John Peter Otto (Miscellaneous Application No. 0149 of 2023)
• In the Goods of Galbraith [1951] P 422
• In the Goods of William Loveday [1900] P 154
• In the matter of an application for revocation of letters of administration and grant instead to Piwa Clare and Biywago Joan (Miscellaneous Civil Application No. 53 of 2016)
• In the Matter of the Late Elady Eliphas (Miscellaneous Application No. 006 of 2024)
• In the matter of an application of revocation of Letters of Administration and Grant instead to Abunyo Naume

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