Kasozi v Nansamba (Miscellaneous Cause 600 of 2022)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that where beneficiaries at a family meeting unanimously resolved that certain persons apply jointly for letters of administration, one party cannot unilaterally exclude another from that process. A protection order was granted restraining the respondent from dealing with the estate pending appointment of administrators. The court declined to grant management to the Administrator General under section 30 of the Administrator General's Act, holding that provision applies only where letters have already been granted to the Administrator General.

Outcome

Protection order granted restraining respondent from dealing with estate; applicant and named beneficiaries entitled to apply jointly for Letters of Administration; application for Administrator General to take over estate refused

Facts

The applicant and respondent are the only surviving children of the late Jalia Nanyonjo. A family meeting of beneficiaries resolved that the applicant, respondent, Joweriya Kimera and Ismail Kalule should jointly apply for Letters of Administration. The respondent subsequently withdrew from the joint application, alleging the applicant was pursuing selfish interests. The applicant alleged the respondent was threatening to sell estate property without following proper procedures and had influenced local leaders not to assist in obtaining a death certificate. The respondent resided at the deceased's premises. The applicant brought an application for a protection order restraining the respondent from dealing with the estate and for the Administrator General to take over management.

Issues

1. Whether a restraining protection order can be granted in the circumstances?
2. Whether the Administrator General can take over the estate of the deceased?
3. What remedies are available in the circumstances?

Orders

• The Respondent is hereby restrained from entering, destroying, damaging, selling, wasting, alienating or tampering with the estate of the late Jalia Nanyonjo (Kibanja at Sebina Zone Kalerwe Kawempe Division and estate at Kanyanya in Kampala District) until rightful administrators are legally appointed and granted Letters of Administration.
• The Applicant is entitled to apply for Letters of Administration over the Estate of the Late Jalia Nanyonjo together with Joweriya Kimera and Ismail Kalule.
• The Chairperson LC 1 of the area where the late Jalia Nanyonjo resided shall issue a letter introducing the applicant, Joweriya Kimera and Ismail Kalule to National Identification Registration Authority (NIRA) to enable them obtain a Death Certificate and commence the process of obtaining Letters of Administration.
• Each party to bear its own costs.

Rules and key headnotes

Legislation cited (9)

• Civil Procedure Rules Order 52 Rules 1 and 3
• Civil Procedure Rules Order 5 Rule 1(2)
• Civil Procedure Rules Order 5 Rule 13
• Evidence Act Cap 6 s.101
• Evidence Act Cap 6 s.102
• Evidence Act Cap 6 s.103
• Administrator General's Act Cap 157 s.30(1)
• Administrator General's Act Cap 157 s.30(2)
• Constitution of Uganda 1995 Article 126(2)(e)

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