Kabagambe and 2 Others v Stanbic Bank Uganda Limited (Misc Cause 570 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where executors hold letters of probate in the name of the deceased as Benon Kabagambe but the bank account is in the name Kabagambe Ben C.N., and evidence shows the deceased pensioner received pension in that account, the court may grant executors access to the account. The court found sufficient evidence that both names refer to the same person and ordered the bank to grant access and register the letters of probate.
Outcome
Executors granted access to deceased's bank account despite name discrepancy; letters of probate to be registered with the bank
Facts
The late Benon Kabagambe was a pensioner of Mbarara District Local Government who received his pension through bank account number 9030001692983 at Stanbic Bank, Mbarara branch. The applicants, his executors, were granted probate on 25 October 2022 vide AC 329 of 2022 in the name Benon Kabagambe. The bank account, however, was held in the name Kabagambe Ben C.N. Due to this name discrepancy, Stanbic Bank denied the executors access to the account. Bank statements showed monthly pension deposits from Mbarara District Local Government into the account. The deceased held a national identity card in the name Benon Kabagambe. The executors sought a court order directing the bank to grant them access to the account.
Issues
- Whether the applicants are entitled to access Kabagambe Ben C.N.'s account number 9030001692983 held by the respondent bank using letters of probate to the estate of Kabagambe Benon.
- What remedies are available to the parties where there is a name discrepancy between the letters of probate and the bank account holder's name.
Orders
- Application granted.
- The executors of the estate of the late Kabagambe Benon vide AC 329 of 2022 be granted access to account number 9030001692983 in Stanbic Bank, Mbarara Branch in the names of Kabagambe Ben C.N.
- The letters of probate of the estate of the late Kabagambe Benon vide AC 329 of 2022 be registered with the respondent bank in respect to account number 9030001692983 in Stanbic Bank, Mbarara Branch in the names of Kabagambe Ben C.N.
- Each party will cater for its own costs.
Rules and key headnotes
Legislation cited (6)
Cases cited (1)
- Catherine Osupelem v Electoral Commission (Election Petition No. 002 of 2018)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.