Kazumura & Anor v Kyatuhaire (CV-Civil Suit No. 292 of 2002)

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

The parties agreed to settle the succession dispute by consent. The caveat was vacated, letters of administration were granted to the plaintiffs, and the estate assets were distributed by agreement between the deceased's father and brother (plaintiffs) and the deceased's widow (defendant).

Outcome

Parties settled the succession dispute by consent; caveat vacated and letters of administration granted to plaintiffs with estate assets distributed according to agreed terms

Facts

The first and second plaintiffs are the father and brother of the late Natukwasa Alex. The defendant is the deceased's widow. The plaintiffs applied for letters of administration in Administration Cause No. 325/2002. The defendant lodged a caveat against the grant, claiming to be the widow. The plaintiffs disputed this and brought the present suit to have the caveat vacated. The parties reached an agreement on the distribution of the deceased's estate, including personal property, a motor vehicle, land at Nansana, and a house. The defendant agreed to pay the plaintiffs Shs. 1,500,000/- and to vacate the caveat.

Issues

1. Whether the caveat lodged by the defendant against the grant of letters of administration should be vacated.

Orders

• The caveat filed by the defendant against the grant of letters of administration in Administration Cause No. 325/2002 is vacated.
• Letters of administration to the estate of Natukwasa Alex are granted to the plaintiffs.
• A double-decker bed, bookshelf, the books in the bookshelf and the camera in the defendant's possession are to be handed over to the second plaintiff, Mujuni Joseph.
• Motor vehicle registration No. UAD 070K shall be retained and owned by the defendant and registered in her names.
• The unregistered plot of land at Nansana-West (2) LC 1, measuring 15' x 45', shall be owned by the defendant.
• The defendant shall pay to the plaintiffs jointly Shs. 1,500,000/- on or before 20 February 2003.
• The house at Nansana-West 2 zone, in which the deceased lived and cohabited with the defendant, shall be owned by the defendant as sole owner.
• Each party shall bear their own costs.

Legislation cited (1)

• Civil Procedure Rules Order XII rule 7

Cases cited (1)

• Khimji v Bakari (1968) EA 685 (K)

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