Wakilii

Nabukyalo Florence and Another v Musoke Fred Ssebunza and Another (Miscellaneous Application No. 5671 of 2025)

High Court · [2026] UGHCFD 62 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment of administrators pendente lite arising from a civil suit challenging the validity of a Will
Decision
Applicants appointed as interim administrators pendente lite to preserve and manage the estate pending determination of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court appointed the applicants as interim administrators pendente lite to preserve and manage the estate of the late Sembuza Livingstone Salongo pending determination of a suit challenging the Will's validity. The court found that the respondents had unlawfully intermeddled with the estate by dividing land without authorization. The appointment was limited to preservation and management only, with no authority to sell, distribute, or dispose of estate property until the main suit is decided.

Outcome

Applicants appointed as interim administrators pendente lite to preserve and manage the estate pending determination of the main suit

Facts

Nabukyalo Florence and Sarah Ntongo, biological children of the late Sembuza Livingstone Salongo who died testate on 11 June 2024, applied to be appointed administrators pendente lite. The deceased left an estate comprising two kibanjas (one of approximately 2 acres at Buggu Village with a residential house, another of approximately 6 acres at Kirinda Zone, both in Busabala, Makindye, Wakiso District) and bank accounts with DFCU Bank and Centenary Bank. The applicants filed a petition for grant of letters of probate (Administration Cause No. 777 of 2024), which the respondents challenged by filing Civil Suit No. 168 of 2025 questioning the Will's validity. The respondents, together with twelve other beneficiaries, had divided the land among themselves, reserving 20 decimals for the home, before any grant was issued. The applicants had withdrawn funds from the deceased's account as the 1st applicant was a signatory, using the money for burial expenses with family agreement. The estate was subject to an injunction vide Miscellaneous Application No. 5673 of 2025.

Issues

  1. Whether the applicants should be appointed as administrators pendente lite to preserve and manage the estate of the late Sembuza Livingstone Salongo pending determination of the suit challenging the validity of the Will.
  2. Whether the applicants are neutral and competent to be appointed as administrators pendente lite given allegations of conflict of interest.

Orders

  • The applicants are appointed as interim administrators to take over the administration and/or preserve the estate of the late Sembuza Livingstone Salongo and to manage the estate until the determination of Civil Suit No. 168 of 2025.
  • The applicants as interim administrators shall not sell, distribute or dispose of the estate property until the main suit is decided.
  • Each party to bear its own costs.

Rules and key headnotes

Succession & Estates — Administration Pendente Lite — Grounds for Appointment — Dispute over Validity of Will
Where litigation is pending concerning the validity of a Will or the right to administer an estate, the court may under Section 214 of the Succession Act appoint an administrator pendente lite to preserve the estate during the pendency of the suit, with all the powers of a general administrator except the right to distribute the estate.
Succession & Estates — Intermeddling with Estate — Unauthorized Distribution before Grant
Persons who are not executors or administrators, nor agents of the Administrator General, and to whom no grant of probate has been issued, commit the offence of intermeddling under Section 265 of the Succession Act when they dispose of estate property, take possession, or perform acts belonging to the office of executor or administrator without authorization.
Succession & Estates — Administrator Pendente Lite — Scope of Authority — Limitations
An administrator appointed pendente lite under Section 214 of the Succession Act has authority to collect rents and manage general affairs of the estate but has no authority to sell, distribute, or dispose of estate property until the main suit determining the validity of the Will or the right to administer is concluded.
Succession & Estates — Burial Expenses — Withdrawal of Funds by Signatory
Where a family member who is a signatory to the deceased's account withdraws funds with family agreement for the purpose of organizing the burial ceremony and feeding mourners, such withdrawals are authorized under Section 272 of the Succession Act and do not constitute wrongful intermeddling.

Legislation cited (7)

Cases cited (4)

  • Kajubi & Nambasa v Wanyama (Civil Appeal No. 26 of 2002)
  • Tayebwa & 5 Ors v Kyatoha & 2 Others (Miscellaneous Civil Application No. 60 of 2012)
  • Sebalu v Sematimba & 2 Ors (Miscellaneous Application No. 52 of 2014)
  • Ajambo & 2 Ors v Ngolobe (High Court Miscellaneous Application No. 273 of 2014)

Full judgment

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

Nabukyalo Florence and Another v Musoke Fred Ssebunza and Another (Miscellaneous Application No. 5671 of 2025) [2026] UGHCFD 62 (19 May 2026)
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.