Issa Yusuf Sadam and 4 Others v Mustafa Oruma (Miscellaneous Application No. 12 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that letters of administration granted to the Respondent in 2000 be revoked on the ground that he willfully and without reasonable cause failed to file an inventory or account for 24 years as required under Part XXXIV of the Succession Act. Application to appoint Applicants as new administrators dismissed for failure to obtain a Certificate of no Objection from the Administrator General as required under s.5(1) of the Administrator General's Act.
Outcome
Letters of administration revoked but Applicants not appointed as new administrators
Facts
Letters of administration were granted to the Respondent on 7th December 2000 in respect of the estate of the late Oruma Yusuf. The Applicants, who are beneficiaries and children of the deceased, applied to revoke the grant on grounds that the Respondent's whereabouts were unknown and that he failed to file an inventory or account for 24 years. The Respondent denied that his whereabouts were unknown, stating he had been ill at Lacor hospital. He counter-alleged that the Applicants mismanaged the estate by selling a lorry, renting estate land to Starbex Petrol Station, and failing to account for proceeds and rental income. The process server was able to locate and serve the Respondent at his home in Gulu City. The Court found no inventory on the original file and the Respondent offered no explanation for the failure to file or apply for extension of time.
Issues
- Whether there is just cause to revoke the letters of administration granted to the Respondent.
- Whether the Applicants should be appointed as new administrators of the estate.
Orders
- The letters of administration granted on 7th December 2000 to the Respondent vide High Court Administration Cause No. 0027 of 2000 in respect to the estate of the late Oruma Yusuf are revoked.
- The prayer to appoint the Applicants as administrators of the estate is declined.
- Each party to bear their own costs of the application.
Rules and key headnotes
Legislation cited (5)
Cases cited (1)
- In the matter of the estate of the late Javuru Appollo Micheal (Miscellaneous Civil Application No. 0053 of 2016)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.