Wakilii

Mugalu v Kabaire & Another (HCT-03-CV-MA 237 of 2023)

High Court · [2024] UGHC 948 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of court order appointing manager of estate of person of unsound mind
Decision
Application for review allowed; previous order appointing 1st respondent as manager set aside; applicant appointed as manager of the estate of Kasadha Grace; 1st respondent ordered to account for sums received and disbursed

Observed later treatment

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Holding

Held that the applicant, being the biological son of Kasadha Grace (a person of unsound mind), had sufficient grounds for review of the order appointing the 1st respondent as manager of the estate. The court found that the 1st respondent had failed in his statutory duty to file an inventory and annual accounts, had not taken proper care of the estate, and that the order was procured on false information regarding the 2nd respondent being a biological daughter of Kasadha Grace. The application for review was allowed, the previous order was set aside, and the applicant was appointed as manager of the estate of Kasadha Grace.

Outcome

Application for review allowed; previous order appointing 1st respondent as manager set aside; applicant appointed as manager of the estate of Kasadha Grace; 1st respondent ordered to account for sums received and disbursed

Facts

Malcom Mugalu, the biological son of Kasadha Grace (a person of unsound mind), discovered that the 1st respondent, Charles Kabaire (his uncle), had obtained a court order appointing him as manager of his father's estate in HCT-03-CV-15-2022. The application was supported by a supplementary affidavit from the 2nd respondent, Nantambi Mariam, who claimed to be a daughter of Kasadha Grace. Mugalu contended that the 2nd respondent was not his father's biological daughter but rather the daughter of the 1st respondent, and that the 1st respondent had fraudulently obtained the order by misrepresenting facts to the court. The 1st respondent had failed to file an inventory as required under section 5 of the Administration of Estates of Persons of Unsound Mind Act 1951, had not taken care of the applicant's welfare despite court orders to do so, had allowed relatives to use the estate's agricultural land without authorization, and had removed Kasadha Grace to an unknown location. Mugalu argued that the 1st respondent was not a fit and proper person to manage his father's estate and sought to be appointed manager in his place.

Issues

  1. Whether the applicant has sufficient grounds for review of the order appointing the 1st respondent as manager of the estate of Kasadha Grace
  2. Whether the applicant should be appointed to manage the estate of the person of unsound mind

Orders

  • The Applicant has showed sufficient grounds for review of the order appointing the 1st Respondent as Manager of the Estate of Kasadha Grace, and review of the Ruling and Orders of the Court in Miscellaneous Application No.15 of 2022.
  • The Application for Review is allowed.
  • The 1st Respondent furnishes court with an account showing the sums received and disbursed on account of the estate of Kasadha Grace and the balance remaining.
  • The Applicant is hereby appointed the Manager of the estate of Kasadha Grace.
  • Costs are awarded to the Applicant.

Rules and key headnotes

Administration of Estates of Persons of Unsound Mind — Grounds for Review — Failure to Discharge Statutory Duties
A court may review an order appointing a manager of the estate of a person of unsound mind where the manager has failed to discharge statutory duties, including the mandatory requirement to file an inventory within six months of appointment under section 5(1) of the Administration of Estates of Persons of Unsound Mind Act 1951, and where the order was obtained through misrepresentation.
Administration of Estates of Persons of Unsound Mind — Removal of Manager — Grounds for Removal
Under section 6 of the Administration of Estates of Persons of Unsound Mind Act 1951, the court may remove a manager appointed to administer the estate of a person of unsound mind for any cause which seems sufficient, including failure to file required inventories and accounts, failure to properly manage estate property, and failure to act in the best interests of the person of unsound mind and their dependants.
Review — Sufficient Grounds — Error Apparent on Face of Record
A person aggrieved by a court order may apply for review under section 82 of the Civil Procedure Act where there is an error apparent on the face of the record or other sufficient reason. Where a court grants an order on the basis of false representations that were material to the decision, and where the manager appointed has demonstrably failed in his duties, these constitute sufficient grounds for review.
Evidence — Affidavits — Failure to Rebut Averments
Where certain facts are sworn to in an affidavit and the opposing party has an opportunity to deny them but does not, those facts are presumed to have been accepted. The burden to deny averments made in an affidavit lies on the party against whom they are made.
Administration of Estates of Persons of Unsound Mind — Appointment of Manager — Biological Children as Preferred Managers
Where a biological child of a person of unsound mind is of mature age and demonstrates willingness and ability to care for the parent and manage the estate, and where the previously appointed manager has failed in his duties, the court may exercise its discretion under section 6 of the Administration of Estates of Persons of Unsound Mind Act 1951 to remove the existing manager and appoint the biological child in his place.

Legislation cited (13)

Cases cited (23)

  • Alcon International v Kasirye Byaruhanga (1995) 111 KALR
  • Mohamed Allibhai v W.E Bukenya Mukasa & Departed Asians Property Custodian Board (Supreme Court Civil Appeal No. 56 of 1996)
  • Yusufu v Nokrach (1971) EA 104
  • In Re Nakivubo Chemists (U) Ltd (1971) HCB 12
  • Ladak Adulla Mohamed Hussein v Griffiths Isingoma Kakiiza and others (Civil Appeal No. 8 of 1995)
  • Noble Builders (U) Limited & Raghbir Singh Sandhu v Jabal Singh Sandhu (S.C.C. Application No. 15 of 2002)
  • Serefaco Consultants Itd vs Euro Consult Bv & Anor supra
  • Serefaco Consultants Ltd v Euro Consult BV & Another (CACA Application No. 16 of 2007)
  • H.G. Gandesha and Kampala Estates Ltd and G.J. Lutaya (SC Civil Application No. 14 of 1989)
  • Reg. Trustees of Khoja v Sule Pharmacy (CA 55 of 2010)
  • Andrew Babigumira & Anor vs Global Trust Bank Ltd & 3 Ors
  • Nile Agro Industries vs Ochieno Beatrice
  • Yahaya Walusimbi vs Justine Nakalanzi & others
  • Musaazi Godfrey & others vs Lwaza Emmanuel Kaweesi
  • Hon Justice Prof. George W. Kanyeihamba vs Commissioner Land Registration & Anor
  • Masaba Husein vs Monje Leonard
  • Neville James Stevens v Sandra Stevens (Misc. Application No. 368 of 2016)
  • Alibhai Salim & Others v URA (Misc Cause No. 123 of 2020)
  • Jethro Jones Opolot & 93 others vs Attorney General
  • Namutebi Imelda v Ssemanda & 2 Others (Misc. Application No. 430 of 2021)
  • Massa v Achen (1978) HCB 197
  • National Union of Clerical Commercial & Technical Employees v National Insurance Corporation (SCCA No. 17 of 1993)
  • In the Matter of Mutereba Isaiah (HCT-05-CV-MC-0033-2023)

Full judgment

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

Mugalu v Kabaire & Another (HCT-03-CV-MA 237 of 2023) [2024] UGHC 948 (12 March 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.