Wakilii

In the matter of the Estate of the Late Nabiswazzi Margret (Miscellaneous Application No. 8297 of 2025)

High Court · [2026] UGHCFD 23 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out co-administrator and revoke letters of administration
Decision
Application dismissed; applicant directed to institute substantive suit if she wishes to pursue the matter

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court denied an application to strike out a co-administrator and revoke letters of administration on grounds of alleged fraud and non-cooperation. The court held that the allegations raised contentious matters involving disputed questions of fact that could not be properly determined by way of notice of motion under Section 262(1) of the Succession Act. The proper course was to institute a substantive suit where all parties could be heard and evidence considered.

Outcome

Application dismissed; applicant directed to institute substantive suit if she wishes to pursue the matter

Facts

Nassuna Phionah and Mubiru Richard were appointed co-administrators of the estate of the late Nabiswazzi Margret on 30 May 2023. The grant was renewed on 9 December 2025 for a further two years. The estate comprised a family home at Sentema Nakinyola and approximately 110 acres of land at Lukwanga Village. Nassuna Phionah alleged that Mubiru Richard had become uncooperative and engaged in fraudulent conduct, including misrepresenting a loan agreement involving the family home, presenting forged documents, threatening beneficiaries, and excluding her from estate administration activities. She sought to have him removed as co-administrator and to be granted sole letters of administration.

Issues

  1. Whether there is sufficient cause to warrant the grant of this Application?

Orders

  • Application denied.
  • No order as to costs.

Rules and key headnotes

Succession & Estates — Letters of Administration — Revocation — Contentious Matters
Where an application to revoke letters of administration and remove a co-administrator is based on allegations of fraud and non-cooperation that involve disputed questions of fact, such matters are contentious in nature and cannot be determined by way of notice of motion but must be resolved through a substantive suit in accordance with Section 262(1) of the Succession Act.
Civil Procedure — Notice of Motion — Suitability for Contentious Matters
Issues that require inquiry into conduct and intentions of parties, investigation of alleged fraud, and resolution of disputed questions of fact are not suitable for determination by way of notice of motion and must be heard through regular suit proceedings where all parties can present evidence.

Legislation cited (5)

Full judgment

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

In the matter of the Estate of the Late Nabiswazzi Margret (Miscellaneous Application No. 8297 of 2025) [2026] UGHCFD 23 (23 March 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.