Mukasa & Another v Ssewaje & Another (Civil Suit 20 of 2022)

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.

Holding

Where one of two joint administrators of an estate renounces his position through a consent judgment, the grant of letters of administration ceases to be operational and must be cancelled. The parties must file a fresh petition to the High Court for proper administration.

Outcome

Letters of administration cancelled; parties to file fresh petition to High Court

Facts

The plaintiffs are biological children of the late Kijoma K. Samwiri who became registered proprietor of land at Kyaggwe Block 287 Plot 26 in December 1955. The defendants were appointed administrators of the estates of the late Fenekasi Sajjabi and the late Kijoma K. Samwiri through letters of administration issued by the Chief Magistrate's Court of Lugazi in Administration Cause No. 012 of 2018. Evidence at locus established that the suit land belonged to two families: that of the late Kijoma K. Samwiri and that of the late Fenekasi Sajjabi. On 31 October 2023, the second defendant entered into a consent judgment with the plaintiffs renouncing his position as administrator, leaving only the first defendant (not a son of the deceased) as administrator.

Issues

1. Whether the grant of letters of administration in Lugazi Administration Cause No. 012 of 2018 should be revoked following the renunciation by one of the two administrators.

Orders

• The grant of letters of administration in Lugazi Administration Cause No. 012 of 2018 is cancelled.
• The parties are ordered to file an appropriate petition to the High Court of Uganda at Mukono.
• No order as to costs given the close family ties.

Rules and key headnotes

Cases cited (1)

• Silver Byaruhanga v Father Emmanuel Ruvungwaho (Supreme Court Civil Appeal No. 9 of 2014)

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