Wakilii

Joseph Baguma v Sefuroza Matende (Civil Suit No.MFP 12 of 1985)

High Court · [1991] UGHC 23 · 1991 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking revocation of letters of administration
Decision
Plaintiff's application for revocation of letters of administration dismissed; defendant to continue administering the estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a valid customary marriage existed between the deceased and the defendant despite the deceased's prior monogamous church marriage, because the customary marriage pre-dated the Customary Marriage Registration Decree 1973. Held further that the deceased's first wife, though not divorced, was separated from the deceased as a member of the same household under s.31 Succession Act and therefore took no interest in the estate. The defendant, having jointly contributed to building the estate with the deceased, was the proper person to be granted letters of administration. The suit seeking revocation was dismissed.

Outcome

Plaintiff's application for revocation of letters of administration dismissed; defendant to continue administering the estate

Facts

Eridadi Matende died intestate on 16 December 1984. He had married Molly Matende in church in 1957, and they had four children. In the late 1960s, Eridadi moved to Kabarole District and entered a customary marriage with the defendant Sefuroza Matende, with whom he cohabited until his death and had three children. Molly remained in Rukungiri and had not visited Eridadi from 1973 until his death. Evidence showed Molly had additional children with other men, causing separation. After Eridadi's death, the defendant obtained letters of administration for the estate at Kijura. The plaintiff, Eridadi's eldest son by Molly, sought revocation of those letters, arguing the defendant was not a lawful wife and had not properly administered the estate. The estate at Rukungiri had been sold by Molly and the plaintiff after Eridadi's death.

Issues

  1. Whether the defendant was the wife of the deceased as solemnly declared.
  2. Whether Molly Matende was married to the deceased at the time of his death.
  3. Whether the defendant was the proper person to apply for letters of administration.
  4. Whether the defendant administered the estate properly.
  5. Whether the letters of administration granted to the defendant should be revoked.
  6. Whether Molly Matende was entitled to any part of the estate or at all.

Orders

  • Suit dismissed.
  • Costs awarded to the defendant.
  • Letters of administration granted to the defendant to remain valid and in force.

Rules and key headnotes

Customary Marriage — Validity Despite Prior Monogamous Marriage — Pre-1973 Customary Marriages
A customary marriage contracted before the coming into force of the Customary Marriage Registration Decree 1973 is deemed valid notwithstanding that the person was previously married under the Marriage Act in a monogamous marriage, provided bride price was paid.
Entitlement to Estate — Separated Spouse — Section 31 Succession Act
Under s.31 Succession Act as amended by Decree 22 of 1972, no wife or husband of an intestate shall take any interest in the estate if at the death of the intestate he or she was separated from the intestate as a member of the same household.
Grant of Letters of Administration — Priority of Entitlement — Surviving Spouse Over Children
Under s.201 Succession Act, a surviving spouse who was not separated from the deceased is entitled to the grant of letters of administration in priority to children, who are mere customary heirs, because the spouse is entitled to a larger share in the distribution of the estate.
Grant of Letters of Administration — Contribution to Estate — Joint Acquisition of Property
Where a surviving spouse has jointly contributed to building the estate with the deceased through labour and earnings during their cohabitation, it is proper to grant letters of administration to that spouse rather than to children who did not contribute to the acquisition of that particular estate.
Revocation of Grant — Section 233 Succession Act — Willful Failure to Exhibit Inventory
A grant of letters of administration may be revoked under s.233(1)(e) Succession Act if the grantee has willfully and without reasonable cause omitted to exhibit an inventory within six months, but the plaintiff must prove that the failure was deliberate or intentional.
Intermeddling with Estate — Section 268 Succession Act — Distribution by Non-Administrators
A document purporting to distribute the estate of a deceased person, drawn up by friends and relatives before grant of letters of administration, constitutes intermeddling with the estate under s.268 Succession Act and may be lawfully repudiated by the subsequently appointed administrator unless the document was for the purpose of preserving the estate, providing for the funeral, or authorizing application for letters of administration.

Legislation cited (15)

Cases cited (6)

  • Rex v Ouma s/o Ahad (1910-20) 2 ULR 152
  • Uganda v Kato & 3 others (1976) HCB 261
  • Farzia Rwobuganda v Donato Banemuka (1978) HCB 244
  • Rimmer v Rimmer [1952] 2 All ER 863
  • Nyendohwa Lucy v Nyendohwa Robert and Another (Civil Suit No. 1068 of 1983)
  • Francis Ddiba Nduga v Rita Nansikombi and Others (1980) HCB

Full judgment

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

Joseph Baguma v Sefuroza Matende (Civil Suit No.MFP 12 of 1985) [1991] UGHC 23 (4 November 1991)
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.