Wakilii

Kiyengo and 2 Others v Byangire Asiimwe (Miscellaneous Application 33 of 2033)

High Court · [2024] UGHC 1136 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for revocation of letters of administration arising from Probate and Administration Cause No. 141 of 1996
Decision
Application dismissed; estate already distributed pursuant to earlier consent judgment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for revocation of letters of administration dismissed. The court struck out two supplementary affidavits in reply filed outside the 15-day statutory period without leave. On the merits, the court found that the estate of the late Tito Byangire had already been distributed to beneficiaries pursuant to a consent judgment in Civil Suit No. 36 of 2020, and there was therefore no basis for revoking or granting fresh letters of administration.

Outcome

Application dismissed; estate already distributed pursuant to earlier consent judgment

Facts

The late Tito R. Byangire died on 29 August 1995. Letters of administration were granted to the Respondent, Moses Asiimwe Byangire, in 1996 under Probate and Administration Cause No. 141 of 1996. The Applicants, three biological children of the deceased, sought revocation of the letters on grounds that the Respondent had mismanaged the estate by selling property without consent, collecting rent without accounting, failing to perform his duties due to travel, and failing to file an inventory. The Respondent opposed the application, stating that the estate had been distributed pursuant to a consent judgment in Kampala High Court Civil Suit No. 36 of 2020 dated 17 February 2022, and there was nothing left to administer. The Respondent also filed two supplementary affidavits outside the prescribed time without seeking leave of court.

Issues

  1. Whether the supplementary affidavits in reply were filed out of time.
  2. Whether the letters of administration granted to the Respondent should be revoked on grounds of mismanagement of the estate.

Orders

  • The two supplementary affidavits in reply filed by Mary Byangire Sendi and Byangire Alfred are struck out.
  • The application is dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Affidavits in Reply — Time Limits — Filing Out of Time
An affidavit in reply to an application must be filed within 15 days from the date of service of the application, in accordance with Order 8 rule 1(2) of the Civil Procedure Rules. Failure to file within the prescribed time renders the affidavit improperly filed, and leave of court must be sought to file out of time.
Succession & Estates — Revocation of Grant — Grounds — Estate Already Distributed
Where the estate of a deceased person has already been distributed to beneficiaries pursuant to a consent judgment, there is no basis for revoking letters of administration or making a fresh grant, as there is nothing left to administer. Any issues arising from the consent judgment, such as execution or accountability for properties sold, cannot be redressed by an application for revocation.

Legislation cited (8)

Cases cited (3)

  • Stop and See (U) Ltd v Tropical Africa Bank (High Court Miscellaneous Application No. 333 of 2010)
  • Patrick Sendyowa & Ors v Lucy Nakitto (High Court Miscellaneous Application No. 1103 of 2018)
  • Kampala High Court Civil Suit No. 36 of 2020

Full judgment

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

Kiyengo and 2 Others v Byangire Asiimwe (Miscellaneous Application 33 of 2033) [2024] UGHC 1136 (18 October 2024)
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.