Nabawesi & 2 Others v Makubuya & 4 Others (Originating Summons 5 of 2023)

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

The High Court Family Division held that there was insufficient evidence to conclusively establish that two plots (8119 and 1848) were gifted inter vivos, as the transfer forms lacked proper witnessing. The court ordered Plot 4597 to be distributed jointly to Peter Kyaluzi Ntate and the first plaintiff, interpreting the Will to mean the main residence and manager's house existed as a single divided structure. The court found Plot 6758 belonged to the deceased's estate, not his late wife's estate, based on documentary evidence of the deceased's interest. Costs were awarded against the estate given the complexities involved in distribution.

Outcome

Suit succeeded in part with specific directions for distribution of disputed estate properties among beneficiaries

Facts

The deceased Ainea Kwatabalyawo Ntate Ssalongo died testate in 2022. Probate was granted to the defendants as executors in September 2022. The plaintiffs, who are children and beneficiaries of the estate, challenged the executors' distribution matrix issued in February 2023, claiming that certain properties had been gifted to them during the deceased's lifetime and that the executors' distribution was incomplete or incorrect. The dispute centered on four plots of land at Buloba: Plots 8119, 1848, 4597, and 6758. The plaintiffs claimed Plots 8119 and 1848 were gifted inter vivos with signed transfer forms. Plot 4597 contained both the official residence and a manager's house, with the plaintiffs claiming the manager's house formed part of the main residence. Plot 6758 was claimed by the plaintiffs to belong to the late wife's estate, not the deceased's estate. The executors disputed these claims, citing incomplete transfer forms and documentary evidence showing the deceased's continuing interest in the properties.

Issues

1. Whether the land comprised in Busiro Block 314 Plots 8119 and 1848, land at Buloba were gifted inter vivos by the deceased to the Plaintiffs.
2. Whether the land comprised in Busiro Block 314 Plot 4597, land at Buloba should be distributed to Peter Kaluzi Ntate alone or to him and the 1st Plaintiff.
3. Whether the land comprised in Busiro Block 314 Plot 6758, land at Buloba forms part of the estate of the late Ainea B.K Ntate Salongo or the estate of the late Mary Alice Nalongo Ntate.
4. Whether costs should be borne by the estate of the Late Ainea Ntate Salongo.

Orders

• The executors shall distribute the remaining parts of Plot 8119 amongst other beneficiaries, excluding Peter Kyaluzi Ntate who already received his portion during the testator's lifetime.
• In respect to Plot 1848, the executors shall distribute to the Plaintiffs and other deserving beneficiaries the remaining portion after a family meeting, recognizing the de facto arrangement or in accordance with the distribution formulae provided by the Succession Act.
• Busiro Block 314 Plot 4597 shall be distributed to Peter Kyaluzi Ntate and the 1st Plaintiff distinctively but in common, with Peter Kyaluzi Ntate taking the part of the structure comprised of three bedrooms, and the Plaintiffs taking the part referred to as 'the manager's residence'.
• Busiro Block 314 Plot 6758 belongs to the estate of the late Salongo Ntate and shall be dealt with as such, subject to the Succession Act and applicable customary inheritance practices.
• Costs shall be borne by the estate of the late Ainea Kwatabalyawo Ntate Ssalongo.

Rules and key headnotes

Legislation cited (4)

• Civil Procedure Rules Order 37 rule 1(f)
• Civil Procedure Rules Order 37 rule 6
• Succession Act
• Registration of Titles Act

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