In the matter of the Estate of the late Erfana Muhlis (Administration Cause No. 240 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court denied an application to reseal an Indonesian grant of probate in Uganda. The court held that under Section 3(2) of the Probates (Resealing) Act Cap. 266, resealing is only permitted where the foreign country's laws allow reciprocal enforcement of Ugandan grants. Since Indonesia does not permit enforcement of foreign judgments absent a bilateral agreement, and no such agreement exists between Uganda and Indonesia, the statutory conditions for resealing were not satisfied. The applicant must instead seek a fresh grant under the Succession Act Cap. 268.
Outcome
Application dismissed; applicant must proceed by way of fresh grant under Succession Act Cap. 268
Facts
The applicant, Sri Rahayu Supriyatin, widow of the late Erfana Muhlis, sought to reseal in Uganda a grant of probate issued by the Religious Court of Madiun City in Indonesia. The deceased, an Indonesian national, had been working in Uganda with Palm Uganda Ltd at the time of his death and held assets in Uganda, specifically NSSF savings. The applicant sought resealing to enable her to administer these Ugandan assets. The deceased's estate had been granted probate in Indonesia, and the applicant relied on the Probates (Resealing) Act Cap. 266 to have that foreign grant recognized and enforced in Uganda.
Issues
- Whether the Grant of Probate issued by the Religious Court of Madiun City, Indonesia, is eligible for resealing in Uganda.
Orders
- Application to reseal the grant of probate denied.
- No order as to costs.
Rules and key headnotes
Legislation cited (7)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.