Wakilii

Kisigula & 3 Others v Mukasa & 3 Others (Civil Suit 307 of 2020)

High Court · [2022] UGHCFD 31 · 2022 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit by beneficiaries seeking revocation of Letters of Administration and grant of fresh letters
Decision
Letters of Administration revoked; Administrator General to convene meeting of all beneficiaries to select new administrators; defendants to deliver accounts and surrender certificates of title

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court revoked Letters of Administration granted to four joint administrators who failed to file an inventory and accounts within the statutory six-month period under Succession Act s.278(1), filed a defective inventory after five years covering only one property, and failed to act jointly due to persistent disagreements, absences from the country, and transactions carried out by some administrators excluding others. The grant became useless and inoperative. The Administrator General was directed to convene a meeting of all beneficiaries to select new administrators.

Outcome

Letters of Administration revoked; Administrator General to convene meeting of all beneficiaries to select new administrators; defendants to deliver accounts and surrender certificates of title

Facts

The defendants were granted Letters of Administration jointly on 22 January 2015 for the estate of the late Batulumayo Musoke Zimbe. All four defendants were beneficiaries selected unanimously by the family. After the grant, the defendants failed to cooperate in administering the estate. The second and fourth defendants were frequently absent from the country. Some defendants carried out transactions on estate property without involving all joint administrators, including subdivisions and transfers of land comprised in Kyaggwe Block 56 Plots 141, 124 and 1510. The defendants did not file an inventory within the six months required by law. An inventory was eventually filed on 18 September 2020, nearly five years late, by only the first and third defendants, covering only one property and lacking required accounts. The second defendant claimed her signature was forged on transaction documents and accused co-administrators of excluding her. A family meeting of beneficiaries on 3 October 2020 resolved to seek revocation and selected the plaintiffs as proposed replacement administrators. The plaintiffs filed suit seeking revocation and a fresh grant.

Issues

  1. Whether the defendants have willfully and without reasonable cause failed and/or neglected to exhibit an inventory and/or account of the estate of the late Batulumayo Musoke Zimbe vide High Court Administration Cause No. 894 of 2014 in accordance with the law.
  2. Whether the grant of Letters of Administration of the estate of the late Batulumayo Musoke Zimbe issued to the defendants jointly vide High Court Administration Cause No. 894 of 2014 has become useless and inoperative through circumstances.

Orders

  • The Letters of Administration jointly granted to the Defendants vide High Court Administration Cause No. 894 of 2014 is hereby revoked for: (a) failure to file an inventory and/or accounts for the estate of the late Batulumayo Musoke Zimbe within the time stipulated by the law; and (b) the said grant having become inoperative and useless since the defendants/administrators have not acted as joint administrators in the administration of the same.
  • The estate of the late Batulumayo Musoke Zimbe shall be administered afresh by the new administrators as shall be agreed upon by the beneficiaries.
  • The Administrator General is hereby directed to call for a meeting of all the beneficiaries to the estate of the late Batulumayo Musoke Zimbe and/or their representatives for the selection of who should be granted a Certificate of No Objection to enable the selected persons apply for fresh letters of Administration within thirty (30) days from the date of delivery of the judgment, in any case not later than 14th day of July 2022.
  • The defendants are hereby ordered to prepare and deliver to the office of the Administrator General an account of all the assets and property of the estate of the late Batulumayo Musoke Zimbe that are within their knowledge and/or in respect of which they had any dealings during their tenure as administrators of the said estate. This account should be delivered to the said office and a copy filed in court within thirty (30) days from the date of delivery of this judgment, in any case not later than 14th day of July 2022.
  • The defendants shall surrender all the Duplicate Certificates of Title of the property belonging to the estate of the late Batulumayo Musoke Zimbe to the new administrators immediately upon their appointment.
  • The costs of this suit shall be borne by the defendants.

Rules and key headnotes

Letters of Administration — Duty to File Inventory and Accounts — Statutory Time Limits
Section 278(1) of the Succession Act imposes a mandatory duty on persons granted Letters of Administration to file an inventory containing a full and true estimate of all property and credits of the estate within six months from the date of grant, and to file an account of distribution within one year. Wilful failure to comply without reasonable cause constitutes just cause for revocation under section 234(2)(e).
Letters of Administration — Revocation — Grant Become Useless and Inoperative
A grant of Letters of Administration becomes useless and inoperative through circumstances under section 234(2)(d) of the Succession Act where joint administrators appointed to act together fail to cooperate, engage in persistent disagreements and in-fighting, exclude each other from transactions, and are unable to coordinate due to prolonged absences from the country, such that joint administration as contemplated by law becomes impossible.
Joint Administrators — Duty to Act Jointly at All Times
Where executors or administrators have jointly applied for and obtained a grant of probate or Letters of Administration simultaneously, they must act jointly at all times. Section 272 of the Succession Act does not permit them to act singly. Actions taken by some joint administrators to the exclusion of others are improper and unlawful, defeating the purpose of appointing joint administrators.
Revocation — Selection of Replacement Administrators — Court Discretion
Where a court revokes Letters of Administration for just cause, the court retains discretion to decline an immediate grant to proposed replacement administrators selected at a family meeting if the court is not satisfied that all beneficiaries were properly represented at the meeting or that the process was fair to all interested parties. The court may direct the Administrator General to convene a meeting of all beneficiaries to select new administrators in accordance with proper procedure.
Ex Parte Proceedings — Failure to Appear Despite Service
Where defendants' advocates are effectively served with hearing notices but choose not to appear and provide no explanation for their absence, the court may permit the plaintiff to proceed ex parte under Order 9 rule 20(1)(a) of the Civil Procedure Rules. Even in undefended suits, the plaintiff must still adduce sufficient evidence in proof of the case to be entitled to the reliefs claimed.

Legislation cited (5)

Cases cited (1)

  • Silver Byaruhanga v Fr. Emmanuel Ruvugwaho & Another (Supreme Court Civil Appeal No. 9 of 2014)

Full judgment

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

Kisigula & 3 Others v Mukasa & 3 Others (Civil Suit 307 of 2020) [2022] UGHCFD 31 (15 June 2022)
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.