Wakilii

Kemirembe v Nalule (Miscellaneous Application 289 of 2020)

High Court · [2023] UGHCFD 90 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application arising from Administration Cause seeking removal of co-administrator and correction of name on Letters of Administration
Decision
Application dismissed for failure to prove identity and comply with statutory requirements for name change

Observed later treatment

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Holding

An application to remove a co-administrator and amend names on Letters of Administration was dismissed where applicants failed to prove their identity through proper deed polls or evidence of lawful name change. Statutory declarations alone cannot establish name changes; they only address misspellings. The court was not satisfied that the applicants were the same persons originally granted Letters of Administration given discrepancies in names and dates of birth across identity documents and the absence of required formalities under the Registration of Persons Act 2015.

Outcome

Application dismissed for failure to prove identity and comply with statutory requirements for name change

Facts

Letters of Administration for the estate of the late Najjuma Elizabeth were granted on 26 October 2017 to Nalule Justine and Nabukalu Winnie. The two administrators brought an application seeking removal of Nalule Justine as co-administrator due to health issues, and correction of the second applicant's name from Nabukalu Winnie to Kemirembe Winnie. The applicants presented various identity documents showing different names and dates of birth. Nalule Justine's documents showed dates of birth as both 1 January 1956 and 15 November 1956. The second applicant's documents showed her as Nabukalu Mirembe Winnie with dates of birth as 15 November 1978 and 15 November 1979, and as Kemirembe Winnie born 15 November 1980. No deed polls were produced to evidence lawful name changes. The court directed filing of the death certificate and supplementary submissions, but neither was filed.

Issues

  1. Whether the applicants are entitled to the remedies sought, namely removal of the first applicant as co-administrator and correction of the second applicant's name on the Letters of Administration.

Orders

  • Application dismissed.

Rules and key headnotes

Letters of Administration — Amendment — Requirements for Proof of Identity
A grant of Letters of Administration is a court order and public document conferring rights and duties to be executed in rem; for such an instrument to be amended, the court must be convinced that the person seeking the amendment is genuine and is the same person to whom the original grant was made.
Change of Name — Statutory Requirements — Registration of Persons Act
Under section 36 of the Registration of Persons Act 2015, any person over eighteen years wishing to change their name must publish notice in the Gazette, apply to the registration officer not less than seven days after publication, and the registration officer shall amend the register upon being satisfied that requirements have been met; a name change cannot be done in secret and the formality is necessary to avoid confusion as to particulars of registered persons.
Statutory Declaration — Limitations — Distinction from Deed Poll
In the absence of a proper deed poll, a statutory declaration cannot explain a change of name or addition of a name; statutory declarations are only applicable in cases of misspelling of names, not substantive name changes.
Burden of Proof — Section 101 Evidence Act
Under section 101 of the Evidence Act, he who alleges must prove; where applicants seek amendment of Letters of Administration on grounds of name change but fail to adduce deed polls or other proper evidence of lawful name change, and present identity documents with discrepant names and dates of birth, the application will be dismissed for failure to discharge the burden of proof.

Legislation cited (5)

Cases cited (2)

Full judgment

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

Kemirembe v Nalule (Miscellaneous Application 289 of 2020) [2023] UGHCFD 90 (8 June 2023)
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.