Wakilii

Musoke v Kujjaza & Another (Miscellaneous Cause 9 of 2024)

High Court · [2024] UGHCFD 70 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by way of Notice of Motion for appointment of administrators pendente lite for purposes of litigation
Decision
Application dismissed with no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application seeking appointment of administrators pendente lite under section 218 of the Succession Act. The court held that section 218 requires a pending suit touching the validity of a will or for obtaining or revoking probate or letters of administration. The applicant's desire to have representatives appointed so he could sue them regarding a land purchase from the deceased did not fall within the section's scope. The wrong provision was cited and no pending suit of the requisite type existed.

Outcome

Application dismissed with no order as to costs

Facts

In 2006, the applicant purchased a kibanja measuring 1.5 acres at Kiryagonja, Kakusubula, Wakiso District from the late Sserunkuuma Wilson. The applicant constructed permanent structures on the land. A third party, Ssenfuma James Kiwanuka, instituted criminal proceedings against the applicant and later in 2014 filed Civil Suit No. 17 of 2014 for recovery of the land. Judgment was entered in favour of Ssenfuma, and the applicant's houses were demolished during execution. The estate of the late Sserunkuuma Wilson had no appointed administrator. The applicant sought appointment of the respondents (the deceased's wife and customary heir) as administrators pendente lite so he could sue them regarding the land purchase.

Issues

  1. Whether the Respondents can be appointed administrators pendente lite of the estate of the late Sserunkuuma Wilson for purposes of litigation.
  2. Whether the parties are entitled to any remedies.

Orders

  • Application dismissed.
  • Each party to bear their own costs.

Rules and key headnotes

Administrator Pendente Lite — Section 218 of the Succession Act — Conditions for Appointment
An application under section 218 of the Succession Act for appointment of an administrator pendente lite will be granted only when there is a pending suit touching the validity of a will or for obtaining or revoking probate or letters of administration. The appointment is limited to the duration of the pendency of such suit and does not give authority to distribute the estate.
Administrator Pendente Lite — Purpose of Appointment
The purpose of appointing an administrator pendente lite is to preserve the assets of the estate pending litigation where the executor or administrator is unable to act or there is no executor or administrator at all and the validity of the will or the estate is very much in question. Such an administrator has all the rights and powers of a general administrator other than the right to distribute the estate.
Preliminary Objections — Citation of Wrong Law — Effect
Where an application omits to cite any law at all or cites the wrong law but the jurisdiction to grant the order exists, the irregularity or omission can be ignored and the correct law inserted. The citing of wrong law does not prejudice the application.

Legislation cited (10)

Cases cited (6)

  • Ssemakadde Sande v Mukwaaya William (Miscellaneous Application No. 2762 of 2023)
  • Themi Nakibuuka Sebalu v Peter Samatimba and 2 Others (SCCA Application No. 15 of 2014)
  • In the Matter of the Estate of the Late Mary Busi Bahati (Miscellaneous Civil Application No. 04 of 2023)
  • Tayebwa and 5 Others v Kyatwoha (Miscellaneous Civil Application No. 60 of 2012) [2012] UGHC 179
  • Saggu v Roadmaster Cycles (U) Ltd [2000] EA LR 255
  • Nabisere Geraldine v Harry Fred Mutebi Sseruga and Another (Civil Suit No. 565 of 2012)

Full judgment

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

Musoke v Kujjaza & Another (Miscellaneous Cause 9 of 2024) [2024] UGHCFD 70 (29 August 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.