In the matter of the estate of the late Balunaba Lwanga (deceased) and in the matter of an application for revocation of Letters of Probate and Administration granted to Eric Muwanga by Katalaga Georg

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court revoked letters of probate granted to Eriab Muwanga, who died before completing administration of the estate of Balunaba Lwanga. Under section 234(2)(d) of the Succession Act, probate is rendered useless and inoperative upon the executor's death. The court granted fresh letters of administration to Katalaga George William, a grandson and beneficiary, finding him fit and proper after family consultation and issuance of a certificate of no objection.

Outcome

Letters of Probate revoked and fresh Letters of Administration granted to the applicant

Facts

Balunaba Lwanga died testate on 10 March 1968, naming Muwanga Eriab as executor. Eriab Muwanga obtained letters of probate on 11 November 2008 but died on 20 October 2011 before fully distributing the estate. Katalaga George William, a grandson and one of two surviving beneficiaries, applied to revoke the probate and obtain letters of administration. The family members and beneficiaries agreed to his appointment. The Administrator General issued a certificate of no objection on 2 October 2023. The other surviving beneficiary, Katongole Eremiya (also a grandson), consented to the grant of letters of administration to the applicant.

Issues

1. Whether there exists sufficient grounds for revocation of Letters of Probate issued to Muwanga Eriab (now deceased) in respect to the estate of the late Balunaba Lwanga.
2. Whether the applicant is a fit and proper person to be issued letters of administration in respect of the estate of the late Balunaba Lwanga.
3. Whether there is any remedy available to the applicant.

Orders

• The Probate granted to Eriab Muwanga is revoked, it being rendered useless and inoperative by reason of the death of the said Eriab Muwanga.
• Fresh Letters of Administration are granted to Katalaga George William in respect of the estate of the late Balunaba Lwanga.
• Costs of the application shall be borne by the estate.

Rules and key headnotes

Legislation cited (6)

• Civil Procedure Act Cap 71 s.98
• Succession Act Cap 162 s.234(1)
• Succession Act Cap 162 s.234(2)(d)
• Succession Act Cap 162 s.234(5)
• Civil Procedure Rules SI 71-1 Order 52 rule 1
• Civil Procedure Rules SI 71-1 Order 52 rule 3

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