In the Matter of the Estate of the Late L. Kamugungunu (Originating Summons No. 05 of 2016)

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 granted the application to appoint three co-administrators to replace four deceased administrators in a long-standing estate administration matter. The proposed co-administrators, being sons and grandsons of the deceased, were found suitable to assist the sole surviving original administrator in completing the administration of properties across multiple districts. The grant of administration was ordered amended accordingly.

Outcome

Three co-administrators appointed and grant of administration amended to include their names

Facts

L. Kamugungunu died and a will was executed. Five executors, including Sam Rutega, were granted letters of administration on 19 July 1988 in Administration Cause No. 218/1988. Four of the five original administrators—Alfred Mutashwera, Geresom Kamomo, William Katondwaki and Musa Kyambu—died before completing the administration. Sam Rutega remained the sole surviving administrator. The estate comprised properties in Kiruhura, Mbarara and Sheema Districts. Sam Rutega applied by originating summons to appoint three additional co-administrators: Philip Kamugungunu, Joshua Muvumba and Gordon Mugume, who are sons and grandsons of the deceased. The proposed co-administrators filed declarations agreeing to the appointment and acknowledging their duties. Death certificates of the four deceased administrators were produced.

Issues

1. Whether Philip Kamugungunu, Joshua Muvumba and Gordon Mugume ought to be joined and appointed as co-administrators in the estate in addition to and together with the existing administrator.
2. Whether the grant of administration ought to be amended to include the names of the proposed co-administrators.
3. Whether the costs of the application ought to be provided for.

Orders

• Philip Kamugungunu, Joshua Muvumba and Gordon Mugume appointed as co-administrators in the estate in addition to and together with the existing administrator.
• The grant of administration in Administration Cause No. 218/1988 amended to include the names of Philip Kamugungunu, Joshua Muvumba and Gordon Mugume as administrators.
• The applicant to meet the costs of the application.

Rules and key headnotes

Legislation cited (11)

• Judicature Act cap 13 s.33
• Civil Procedure Act cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 37 rules 1(h)
• Civil Procedure Rules SI 71-1 Order 37 rule 2(a)
• Civil Procedure Rules SI 71-1 Order 37 rule 2(b)
• Civil Procedure Rules SI 71-1 Order 37 rule 7
• Civil Procedure Rules SI 71-1 Order 37 rule 8
• Civil Procedure Rules SI 71-1 Order 37 rule 10
• Civil Procedure Rules SI 71-1 Order 37 rule 11
• Civil Procedure Rules SI 71-1 Order 37 rule 12
• Succession Act cap 162

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