Wakilii

Melda Nanfuka Lubega v Esta Nalubega and Charles Bukenya (Civil Suit 1078 of 1999)

High Court · [2001] UGHC 132 · 2001 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil suit arising from High Court Administration Cause No. 100 of 1999 seeking removal of caveat and grant of letters of administration with the will annexed
Decision
Plaintiff granted letters of administration jointly with Administrator General; will declared valid

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court held that the will of the deceased George William Lubega was valid and properly executed despite the denial of the attesting witnesses. The plaintiff widow was entitled to letters of administration jointly with the Administrator General. The court applied section 69 of the Evidence Act to admit the will notwithstanding witness denial, relying on circumstantial evidence and the testimony of other witnesses who proved execution. The court distinguished between property belonging to the estate and property owned by the plaintiff individually or jointly with the deceased.

Outcome

Plaintiff granted letters of administration jointly with Administrator General; will declared valid

Facts

The plaintiff, widow of George William Lubega who died on 27 December 1998, applied for letters of administration with the will annexed. The defendants, natural children of the deceased, lodged a caveat alleging the will was not genuine. Two copies of the will were produced at the last funeral rites — one brought by James Kasirve Nganda (DW1), who typed the will, and another by Haji Saaibu Lukwago (PW6), to whom the deceased entrusted a photocopy. Both attesting witnesses, DW1 and DW5 (Steven Kakembo), denied the will in court despite DW1 having sworn an affidavit two days before the funeral rites confirming he held the original will. The will left all property to the plaintiff widow with remainder to the first defendant after the widow's death. Disputes arose over ownership of various properties including land, bank accounts, and a motor vehicle.

Issues

  1. Whether the plaintiff is entitled to apply for letters of administration.
  2. Whether the will is valid.
  3. Whether the plaintiff has intermeddled in the estate.
  4. What property belongs to the deceased's estate.
  5. What remedies are available to the parties.

Orders

  • Judgment entered for the plaintiff.
  • The will of George William Lubega declared valid.
  • Plaintiff entitled to letters of administration (with the will annexed) jointly with the Administrator General.
  • Land comprised in Mubende Block 150 Plot 20 and Mityana Plot M9 declared property of the plaintiff.
  • The kibanja on which Diplomatic Pub stands and the adjacent kibanja purchased from Charles Iga declared joint property of plaintiff and deceased.
  • Properties comprised in Singo Block 135 Plot 43 and Singo Block 136 Plot 47 declared property of the deceased's estate.
  • Joint bank accounts declared property of the plaintiff as survivor.
  • Single accounts in deceased's name form part of the estate.
  • Each party to bear own costs.

Rules and key headnotes

Attested Documents — Proof Where Attesting Witness Denies Execution
Where an attesting witness denies or does not recollect the execution of a document, its execution may be proved by other evidence under section 69 of the Evidence Act, and the fate of an attested document is not necessarily at the mercy of attesting witnesses.
Wills — Validity — Requirements Under Succession Act
A will satisfies the requirements of sections 49 and 50 of the Succession Act if the testator signs in such a way that shows he intended the document to be his last will, in the presence of at least two witnesses who see him sign or receive acknowledgement of his signature, and the witnesses need not be present at the same time.
Wills — Objections to Validity — Dissatisfaction With Provisions Not Ground to Reject Will
The fact that beneficiaries or relatives might be unhappy about the provisions of a will does not make it invalid; as long as a will satisfies the statutory requirements it is valid regardless of whether its provisions meet family expectations.
Letters of Administration — Entitlement — Greatest Beneficiary
Under section 201 of the Succession Act, administration shall be granted to the person entitled to the greatest proportion of the estate, and where the greatest beneficiary and another beneficiary do not see eye to eye, granting joint administration would lead to stalemate in administration and is not appropriate.
Registration of Title — Certificate as Conclusive Evidence
Under section 56 of the Registration of Titles Act, a certificate of title is conclusive evidence of ownership and can only be impeached for fraud.
Joint Accounts — Survivorship on Death of Co-Owner
When one of the joint owners of a bank account dies, the account remains the property of the survivor under the law of banking.
Costs in Probate Suits — Principles
In probate suits, costs do not follow the event; where those interested in the residue have been the cause of litigation in opposing an application for letters of administration, each party should bear its own costs.

Legislation cited (12)

Cases cited (3)

  • Maharaj Lal v. Anjuman, 18 Lc. 538. 5 O.L.J.667
  • Spiers v English [1907] P 122
  • Bossa and Co Advocates v Vero Nassanga (HCS No. 115 of 1992)

Full judgment

↓ Download PDF

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

Melda Nanfuka Lubega v Esta Nalubega and Charles Bukenya (Civil Suit 1078 of 1999) [2001] UGHC 132 (20 August 2001)
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.