Kabagambe Gertrude Gladys, Kabagambe Peter Kaganzi & Tusiime Prilla Kabagambe v Stanbic Bank Uganda Limited (Miscellaneous Cause 570 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where sufficient evidence on record demonstrates that the deceased pensioner and the bank account holder are the same person despite discrepancies in names, executors are entitled to access the account using letters of probate. The court ordered the bank to register the probate and grant executors access to the account despite the name variation between the probate and the account holder's name.
Outcome
Executors granted access to deceased's bank account and probate ordered to be registered with the bank
Facts
The late Benon Kabagambe was a pensioner of Mbarara District Local Government who received his pension through account number 9030001692983 at Stanbic Bank Mbarara Branch. The applicants were granted probate on 25 October 2022 as executors of the estate of the late Benon Kabagambe. The bank account was held in the names Kabagambe Ben C.N., while the probate was issued in the names of the estate of the late Benon Kabagambe. Due to this discrepancy, the bank denied the executors access to the account. Bank statements showed monthly pension deposits from Mbarara District Local Government into the account. The deceased's national identity card bore the name Benon Kabagambe. The executors sought court orders 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?
Orders
- The application is 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 Kabgambe 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 Kabgambe 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 (Electoral Petition No. 002 of 2018)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.