Wakilii

Irumba and 10 Others v Mpuuga (Originating Summons 1 of 2023)

High Court · [2024] UGHC 885 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Originating summons for distribution of intestate estate and invalidation of purported will
Decision
Applicants appointed joint administrators. Estate to be distributed under intestacy. Respondent to account for estate assets and monies received.

Observed later treatment

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Holding

The purported will of the deceased Stanley Tigambirwa, signed only by the testator and not attested by any witnesses, is invalid. The deceased died intestate. The respondent, who collected rent and registered estate property in his own name without letters of administration, intermeddled with the estate. The applicants are jointly appointed as administrators to distribute the estate amongst the 15 children and widow under the law of intestacy. The respondent must account for all monies received and refund or have them set off against his share.

Outcome

Applicants appointed joint administrators. Estate to be distributed under intestacy. Respondent to account for estate assets and monies received.

Facts

Stanley Tigambirwa died on 24 February 2019, survived by a widow and 15 children. A purported will dated 24 August 2018 named the respondent as beneficiary, but the will was signed only by the testator without attestation by witnesses. The deceased left an estate comprising 60 hectares of land at Butale Cell, commercial houses at Wright Road Hoima and Mpaija trading centre, livestock, vehicles, and bank proceeds. After the death, the respondent collected annual rental income of UGX 60,000,000 from the estate properties and registered the Wright Road property (FRV MAS 153 Folio 23, Plot 23) in his own name without letters of administration. The applicants sought distribution of the estate under intestacy and appointment as joint administrators.

Issues

  1. Whether the Will of the late Stanley Tigambirwa dated 24.08.2018 is valid.
  2. Which properties form part of the estate of the late Stanley Tigambirwa.
  3. Whether the respondent has intermeddled with the estate of the late Stanley Tigambirwa.
  4. What remedies are available to the parties.

Orders

  • The applicants including the widow, Sarah Tigambirwa, are jointly appointed as administrators of the estate of the late Stanley Tigambirwa.
  • The purported will of Stanley Tigambirwa dated 24.08.2018 is declared invalid.
  • It is declared that the late Stanley Tigambirwa died intestate.
  • The estate of the late Stanley Tigambirwa shall be distributed amongst his 15 children and the widow under the law of intestacy.
  • The commercial plots at Wright Road Hoima city and Mpaija trading centre, Hoima shall be sold, and the proceedings shared amongst the beneficiaries under intestacy.
  • An order does issue directing the Commissioner for Land Registration to cancel the title for land comprised in FRV MAS 153 FOLIO 23 PLOT 23 WRIGHT ROAD MEASURING APPROXIMATELY 0.0460 HECTARES registered in the name of the Respondent and substitute it in the names of the Applicants and/or administrators of the estate of the late Stanley Tigambirwa.
  • A surveyor be appointed at the cost of the estate to demarcate the individual shares of the applicants and all beneficiaries in the 60 hectares of land.
  • The Respondent is directed to file a true and accurate account of all monies and property that came to his possession from the estate within a period of 1 month from the date of this order.
  • The Respondent shall refund all funds obtained from the estate or have such amounts set off against his share.
  • Each party shall bear his or her own costs since they are both beneficiaries of the estate of their deceased father.

Rules and key headnotes

Wills — Validity — Attestation Requirements
A will must be in writing, signed by the testator, and attested by two or more competent witnesses who must see the testator sign the document. A will signed only by the testator without attestation by any witnesses is invalid.
Intermeddling — Definition and Effect
Under section 268 of the Succession Act, a person who intermeddles with the estate of the deceased by performing acts belonging to the office of executor without proper appointment makes himself an executor de son tort. Intermeddling includes collecting rent from estate property, registering estate property in one's own name, and appropriating estate assets without letters of administration.
Intestacy — Distribution
Where a deceased dies intestate due to an invalid will, all property is distributable amongst his children and widow under the law of intestacy.
Originating Summons — Scope and Purpose
Originating summons procedure is designed for the summary determination of points of law or construction and certain questions of fact such as claims of legatees. Under Order 37 of the Civil Procedure Rules, any person claiming to be interested as creditor, devisee, legatee, heir, or legal representative may take out an originating summons for determination of questions affecting rights or interests in an estate without full administration.
Remedies — Accounting and Refund
Where an intermeddler has collected rent and appropriated estate assets without authorisation, the court may order the intermeddler to render a comprehensive account of all monies and property that came into his possession and to refund such amounts or have them set off against his share in the estate.

Legislation cited (6)

Cases cited (5)

  • Kulsumbai Gulamhussein Jaffer Ramji and Another v Abdulhussein Jaffer Mohamed Rahim [1957] I EA 699
  • Serunjoji Charles Musoke and Katemba John Semakula v Tonny Nkuubi (Originating Summons No. 007 of 2019)
  • Estate of James N.gengi Muigai (deceased), Nairobi High Court Succession Cause No. 5223/1996
  • Hadad Mohamed Rajab and 2 Others v Muzamil Mohamed Rajak and 2 Others (HCCS No. 188 of 2015)
  • Annet Namubiru Ndaula v Rev Aloni Mulondo and 2 Others (HCCS No. 27 of 2011)

Full judgment

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

Irumba and 10 Others v Mpuuga (Originating Summons 1 of 2023) [2024] UGHC 885 (30 August 2024)
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.