Wakilii

Mayanja v Kalule and 6 Others (Civil Suit No. 330 of 2015)

High Court · [2021] UGHCLD 168 · 2021 Counterclaim Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass and permanent injunction; defendants filed counterclaim for proper distribution of estate
Decision
Plaintiff's claim for trespass dismissed. Defendants' counterclaim succeeded in part. Estate distribution to be completed under court supervision following boundary reopening and survey.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the late Yosia Kiwanuka Mayanja left a valid will dated 14 December 1987 and that the plaintiff held proper letters of administration granted in 1994. However the plaintiff failed to administer the estate with transparency: he distributed land without a prior survey, creating discrepancies in plot sizes, and left several beneficiaries including Rose Namayanja without their full entitlements. The counterclaim succeeded in part. The court ordered boundary reopening by an independent surveyor, final distribution under the will's terms, and filing of an inventory of accounts. The trespass claim failed because the disputed area formed part of family land and the burial ground held in trust, not the plaintiff's exclusive property.

Outcome

Plaintiff's claim for trespass dismissed. Defendants' counterclaim succeeded in part. Estate distribution to be completed under court supervision following boundary reopening and survey.

Facts

The late Yosia Kiwanuka Mayanja died leaving land at Kyanja comprised in Kyadondo Block 195, Plots 254 and 258. By will dated 14 December 1987 he appointed the plaintiff as executor and gave him 3 acres and the family house. The plaintiff obtained letters of administration on 18 April 1994. Between 1994 and 2007 he subdivided the land and distributed plots to beneficiaries including the defendants. In February 2016 the defendants demolished the plaintiff's perimeter wall and erected their own wall, allegedly enclosing 31 decimals of the plaintiff's share. The defendants counterclaimed that the plaintiff fraudulently subdivided the estate without the family's knowledge or consent, leaving some beneficiaries including Rose Namayanja without their full entitlements. A surveyor's report established that Rose Namayanja had received only 19 decimals of the 50 decimals she was entitled to under the will. A Memorandum of Understanding was reached at a mediation meeting whereby the plaintiff agreed to give Rose Namayanja the remaining 31 decimals from plot 4807. The distribution had not been completed and the plaintiff had not filed an inventory of accounts as required by law.

Issues

  1. Whether the late Yosia Kiwanuka Mayanja left a valid will.
  2. Whether the plaintiff was justified to administer and to distribute the suit property.
  3. Whether the plaintiff is entitled to the suit property.
  4. Whether the defendants' actions amount to trespass.

Orders

  • The children of the late Yosiya Mayanja are each entitled to 50 decimals as bequests from their father's estate, and an order for final distribution of the estate of the deceased therefore issues to ensure that every beneficiary obtains what they were each entitled to.
  • A re-opening of the boundaries is to be done by an independent surveyor appointed by court (or as agreed upon by the family) for the original plots 254 and 258, to establish the actual size and measurements of each plot before and after the subdivisions; shares apportioned for each beneficiary (including the deceased children of the late Yosiya Mayanja).
  • The boundary opening exercise shall be conducted in the presence of the defendants, the beneficiaries/their counsel/representatives, local area leaders, the neighbours and the police.
  • The final distribution shall be conducted by the administrator based on the boundary opening recommendations as contained in the report and in accordance with the terms of the will of the late Yosiya Mayanja.
  • The title for plot 4807 shall remain in the names of the administrator of the estate and its measurements are to be rectified after curving off 31 decimals which rightly belong to Rose Namayanja as part of her bequest.
  • The remaining 19 decimals owed to Rose Namayanja shall be a private matter to be resolved between her and Isaac Kalule, and ironed out during the boundary opening exercise.
  • The residue of plot 4807 after Namayanja's share has been deducted shall be reserved as part of the family land/grave yard and accessible to family members as property held in trust by the administrator of the estate.
  • The boundary opening exercise shall be completed within 30 days after delivery of this judgment.
  • The administrator of the estate shall embark on the distribution of the estate within a period of 45 days from the date of receiving the report on the opening of the boundaries.
  • The administrator shall sign the instruments of transfer into the names of Rose Namayanja and for that matter, the names of any other beneficiaries yet to receive their shares.
  • Upon completion of the distribution, the administrator of the estate shall file in court an inventory of accounts of the estate of the Late Yosia Kiwanuka Mayanja within 30 days after completing the distribution.
  • The additional area to be created out of the family land and grave yard for the benefit of Rose Namayanja shall be done in such a way as not to affect the existing home and graveyard, which properties shall remain under the administrator of the estate.
  • Plot No. 2440 which was originally issued to Rose Namayanja is to be cancelled as it does not exist on the ground and any costs arising out of such cancellation shall be borne by Rose Namayanja, as per the MOU.
  • The surveyor and administrator of the estate shall work together to ensure that before issuance of the title deed for plot 4801 (measuring 62 decimals) allocated to Jjingo William as his bequest, the extra 12 decimals are deducted/relinquished by him.
  • As conveyed through the surveyor's report, the suit land was encroached upon by the Ntinda-Kyanja road which was given a separate title: plot No. 4804, measuring 0.568 acres; as such therefore, any compensation paid out and received for such encroachment constitute property of the estate, out of which any beneficiary affected by the encroachment is to be compensated and the balance shared out to the rest.
  • The plaintiff is entitled to the 3 acres as his individual share as per the will of his late father.
  • Plot 4806 (measuring 1.013 acres) is registered in the names of Dr. Francis Mayanja as the administrator of the estate and he shall remain holding it in trust for the family.
  • Where it is established that what was distributed to the plaintiff is less than the 3 acres as entitled to him under the will, the remaining portion is to be deducted from plot 4806 which shall be corrected to reflect any adjustments in size.
  • The actual sizes for plots 1260, 1262, 1263 and 1264 (each registered in the names of the plaintiff) are to be ascertained through the boundary opening exercise in order to achieve the objectives as stated above.
  • Upon taking care of each respective outstanding interest from both plots 4807 and 4806, the residue shall remain part of the estate of the late Yosiya Mayanja together with any undistributed land which may be discovered afterwards; the titles for each shall be processed after rectification and such residue is to be held in trust for the beneficiaries.
  • The residue for plot 4806 nor plot 4807 or such other plot, is not to be sold without the consent of the family.
  • The costs of the boundary opening exercise as well as this suit and counterclaim shall be met from the estate funds.
  • The costs of transferring titles to individual owners shall be borne by each respective owner.
  • Any failure by the administrator to comply with the above directives within the given period shall entitle the family to appoint other administrators for the estate.

Rules and key headnotes

Succession & Estates — Validity of Wills — Requirements under Succession Act s.50
For a will to be valid under section 50 of the Succession Act, it must be in writing, dated and signed by the testator, and witnessed by two or more attesting witnesses who must see the testator write, sign or affix his mark.
Succession & Estates — Administration of Estates — Duties of Administrators
Under section 278 of the Succession Act, an administrator must within six months from the grant or within further time as court may grant exhibit in court an inventory containing a full and true estimate of all the property in possession and all credits and debts owing, and within one year from the grant exhibit an account of the estate.
Succession & Estates — Distribution of Estates — Survey Before Distribution
An administrator who subdivides and distributes estate land without first conducting a survey to establish actual sizes and boundaries fails in his fiduciary duty and creates unnecessary disputes among beneficiaries where discrepancies in plot sizes emerge.
Land & Property — Trespass — Burden of Proof of Boundaries
To succeed in a claim for trespass to land, a plaintiff must prove exclusive possessory rights over land with clearly defined boundaries. The burden of proving the location of a common boundary lies on he or she who claims trespass has occurred onto his or her land.
Succession & Estates — Revocation of Letters of Administration — Just Cause under s.234(2)
Section 234(2) of the Succession Act empowers the court to revoke letters of administration for just cause. The object of such power is to ensure the due and proper administration of an estate and the protection of the interests of parties beneficially entitled thereto.

Legislation cited (11)

Cases cited (12)

  • George William Kakoma v Attorney General [2010] HCB 1
  • Sebuliba v Cooperative Bank Ltd [1982] HCB 130
  • Oketha v Attorney General (Civil Suit No. 0069 of 2004)
  • Estate of James Ngengi Muigai (deceased), Nairobi High Court Succession Cause No. 523/1996
  • Banque des Marchands de Moscau (Koupetschesky) v Kindersley [1951] 1 Ch 112
  • Kahwa and Bikorwenda v Uganda Transport Company Ltd [1978] HCB 318
  • Magbwi Erikulano v MTN U Ltd and Another (HCCA No. 0027 of 2012)
  • Hellen Okello v Akello Jennifer (Civil Appeal No. 84 of 2019)
  • Justine E.M.N Lutaaya v Starling Engineering Co (S.C.C.A No. 11 of 2002)
  • Okot and Ors v Lamoo Civil Appeal-2018 of 26
  • In the goods of William Loveday [1900] P 154
  • In the matter of an application for revocation of letters of administration and grant instead to Piwa Clare and Biywaga Joan, MA No. 53 of 2016

Full judgment

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Mayanja_v_Kalule_and_6_Others_(Civil_Suit_No._330_of_2015)_[2021]_UGHCLD_168_(24_November_2021)
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.