Wakilii

Lule Bosco Malungu and Another v Mukiibi David and Another [2026] UGHCFD 83

High Court · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by Notice of Motion (Miscellaneous Cause) to cancel a Certificate of No Objection and for a grant of Letters of Administration to the deceased's estate.
Decision
Application granted; the Certificate of No Objection declared void and cancelled, and Letters of Administration granted to the Applicants, with the Respondents restrained from dealing with estate assets.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court overruled preliminary objections, holding that a challenge to a Certificate of No Objection may be brought by Miscellaneous Cause and that non-joinder of the Administrator General did not defeat the application. On the merits it found the Applicants had not proved their claimed relationship to the deceased, but the Respondents had likewise failed to prove theirs. The court held the Certificate of No Objection was procured through fraud, evidenced by systematic logical contradictions and the Respondents' unexplained silence, and was issued in breach of the Administrator General's duties to verify, act consistently, and observe natural justice. The Certificate was declared void ab initio and cancelled, and Letters of Administration were granted to the Applicants.

Outcome

Application granted; the Certificate of No Objection declared void and cancelled, and Letters of Administration granted to the Applicants, with the Respondents restrained from dealing with estate assets.

Facts

The Applicants, claiming to be the nephew and niece of the late Manjeri Nalweyiso Naboowa through their father (said to be the deceased's brother by a shared mother), applied to the Administrator General for a Certificate of No Objection but learned the Respondents had already opened a file. A promised meeting to harmonise the parties' interests was never held, and the Respondents obtained the Certificate without the Applicants' involvement. The Respondents claimed to be the deceased's grandnephew and grandniece, verified by the Administrator General. The Administrator General's own minutes recorded that the deceased and her sisters never gave birth, that the 1st Respondent was first rejected as nearest relative to another sister's estate yet accepted as relative to the deceased without recorded verification, and that the 2nd Respondent was added by family agreement without independent verification. The Applicants' claimed parentage conflicted with NIRA records, and file records they requested were never disclosed. The estate comprised property at Munyonyo and about 100 acres at Kakonda, with a related suit (HCCS No. 1135 of 2024) pending.

Issues

  1. Whether the application was a disguised judicial review application improperly commenced by Miscellaneous Cause rather than under the Judicature (Judicial Review) Rules.
  2. Whether the Administrator General was a necessary party whose non-joinder rendered the application incompetent.
  3. Whether the Applicants proved that they are beneficiaries of the estate of the late Manjeri Nalweyiso Naboowa.
  4. Whether the Respondents proved that they are beneficiaries of the estate.
  5. Whether the Certificate of No Objection Serial No. 49220 ought to be cancelled.
  6. Whether the requirement for a Certificate of No Objection should be dispensed with and Letters of Administration granted to the Applicants alone.
  7. Whether Letters of Administration should be granted jointly to the Applicants and the Respondents.
  8. Whether the Applicants are entitled to the costs of the application.

Orders

  • The Certificate of No Objection Serial No. 49220, issued by the Administrator General to the Respondents on 2nd March 2026 in respect of the estate of the late Manjeri Nalweyiso Naboowa, is declared void and of no effect.
  • The Certificate of No Objection vide Administrator-General's Cause No. 530 of 2020 is cancelled.
  • The Applicants are dispensed with the requirement to obtain a fresh Certificate of No Objection.
  • Letters of Administration for the estate of the late Manjeri Nalweyiso Naboowa are issued to the Applicants.
  • The Respondents are restrained from dealing with, disposing of, or alienating any assets of the estate of the late Manjeri Nalweyiso Naboowa.
  • Costs of the application are awarded to the Applicants.

Rules and key headnotes

Succession & Estates — Grant of Letters of Administration — Proof of Beneficiary Status
A person claiming entitlement to administer an estate as a relative of the deceased bears the burden under sections 101-103 of the Evidence Act of proving that relationship on a balance of probabilities, and an uncorroborated sworn assertion, however consistently maintained, is insufficient where the relationship is squarely controverted.
Civil Procedure — Mode of Commencement — Challenge to a Certificate of No Objection
A challenge to the issuance of a Certificate of No Objection may properly be commenced by Miscellaneous Cause under the Civil Procedure Rules and need not be brought exclusively by judicial review, the English rule of procedural exclusivity in O'Reilly v Mackman not being binding on Ugandan courts given the peculiarities of estate administration.
Civil Procedure — Parties — Non-Joinder of a Necessary Party
Non-joinder of the Administrator General does not defeat an application under Order 1 Rule 9 of the Civil Procedure Rules, and the court retains discretion under Order 1 Rule 10 to add parties, where the record enables assessment of the decision's lawfulness and the absent party's rights are not directly under adjudication.
Administrative Law — Administrator General — Duty to Verify and Natural Justice
A Certificate of No Objection issued in breach of the Administrator General's statutory duties to independently verify claimed relationships, to treat applicants consistently, to observe audi alteram partem, and to maintain and disclose proper records is unlawful and invalid.
Succession & Estates — Fraud — Certificate of No Objection Void Ab Initio
A Certificate of No Objection procured by fraud is void ab initio under the principle ex turpi causa non oritur actio, and fraud may be established on a balance of probabilities by a pattern of systematic, mutually reinforcing logical contradictions coupled with the beneficiary's unexplained silence when afforded the opportunity to reconcile them.
Succession & Estates — Dispensing with Certificate of No Objection
Where the Administrator General has acted illegally or unfairly, the court may dispense with the requirement of a Certificate of No Objection and grant Letters of Administration directly, since compelling a return to the same compromised authority would be vexatious and futile.

Legislation cited (15)

Cases cited (7)

  • O'Reilly v Mackman [1983] 2 AC 237
  • The Open Forum Initiative (TOFI) v Attorney General [2022] UGHCCD 33
  • Samson Sempasa v P.K. Sengendo (H.C.M.A No. 577 of 2013)
  • Kololo Curing Co. Ltd v West Mengo Co-operative Union Ltd (1981) HCB 60
  • Balikowa Nixion Kalungi & Anor v Electoral Commission (Miscellaneous Cause No. 180 of 2023)
  • Fredrick Zaabwe v. Orient Bank (2006)
  • Edward Gatsinzi v Lwanga Steven (HCCS No. 690 of 2004)

Full judgment

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Lule Bosco Malungu and Another v Mukiibi David and Another [2026] UGHCFD 83 (1 July 2026)
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.