Mulira v Nababi & 2 Others (Miscellaneous Cause 17 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

An administrator of an estate has no power to delegate her mandate through a Power of Attorney. The administrator must personally perform her functions and cannot authorise another person to swear affidavits in support of applications concerning the estate. Where the sole supporting affidavit is sworn by a Power of Attorney holder rather than the administrator herself, the affidavit is incompetent and the application must be dismissed.

Outcome

Application dismissed for incompetence after the supporting affidavit was struck off

Facts

The applicant, Mary Zawedde Mulira, as administratrix of her late husband's estate, sought to remove a caveat lodged by the respondents on land comprised in Buddu Block 405 Plot 103. The applicant claimed the respondents had no interest in the land and had lodged the caveat without reasonable cause. The respondents, daughters of the late Benard Male Mupakasi, claimed their father held a kibanja (customary tenancy) on approximately 3 acres of the suit land, on which their family house, burial grounds and banana plantation were located. They averred they held letters of administration for their father's estate and lodged the caveat to protect their customary interest. The applicant sued through Mulira Stephen, who held a Power of Attorney from her. Mulira Stephen swore the affidavit in support and the affidavit in rejoinder. The respondents raised a preliminary objection that an administrator cannot delegate her mandate through a Power of Attorney.

Issues

1. Whether an administrator of an estate can delegate her powers through a Power of Attorney to prosecute an application for removal of a caveat.
2. Whether the affidavit sworn by the holder of the Power of Attorney is competent to support the application.

Orders

• The affidavit in support of the application sworn by Mulira Stephen is struck off the record.
• The application is declared incompetent.
• The application is dismissed.
• Costs awarded to the 1st and 2nd Respondents.

Rules and key headnotes

Legislation cited (10)

• Registration of Titles Act s.140
• Registration of Titles Act s.142
• Registration of Titles Act s.145
• Registration of Titles Act s.188
• Civil Procedure Act s.98
• Judicature Act s.33
• Civil Procedure Rules Order 52 rule 1
• Civil Procedure Rules Order 52 rule 3
• Succession Act s.191
• Succession Act s.192

Cases cited (6)

• Nakabuye Agnes v Martin Strokes & Another (Miscellaneous Cause No. 38 of 2021)
• Re Estate of Krishan Murti Maini (Deceased) [2011] EKLR
• Kampala Financial Services v Commissioner for Land Registration (Miscellaneous Cause No. 149 of 2020)
• Bazima & 2 Others v Kamari (Civil Appeal No. 52 of 2008)
• Janki Vashdeo Bhojwani vs. IndusInd Bank Ltd (2005) 2 SCC 217
• Namitala (as Administrator of Estate of Nantongo) v Bakyengo and 3 Others (Miscellaneous Application No. 1535 of 2021)

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