Nakirijja Christine and 3 Others v Kibuuka Joseph and 5 Others (Civil Suit 280 of 2020)

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 held that the plaintiffs, as nephews and nieces of the late Ssonko George Stanley, were beneficiaries of his estate under the Succession Act. The suit property was family land intended for burial grounds and use by all descendants. The late Charles Sonko Salongo fraudulently obtained letters of administration by concealing the existence of the deceased's siblings and mother, and by omitting the suit property from the petition. The subsequent transfer of the land to the 1st and 2nd defendants was fraudulent, executed without family consent and within two minutes of the administrator's registration. The administrator breached his fiduciary duty by failing to distribute the estate to all beneficiaries. The court cancelled the defendants' registration and ordered establishment of a family trust.

Outcome

Plaintiffs declared beneficiaries; fraudulent transfer cancelled; family trust ordered to be established; permanent injunction granted; damages and costs awarded to plaintiffs

Facts

The late Ssonko George Stanley purchased land in 1991 and died intestate in 1995 without a wife or children, survived by his brothers and mother. His father, the late Charles Sonko Salongo, obtained letters of administration in 1995 without disclosing the existence of the deceased's siblings or mother, and without listing the suit property. In 2011, Charles Sonko Salongo registered himself as administrator on the land title at 9:28 am, then two minutes later at 9:30 am registered himself, Kibuuka Joseph (1st defendant), and Morris Ssonko (2nd defendant) as proprietors. The plaintiffs are nephews and nieces of the deceased. The suit property contains family burial grounds where several family members are buried. The 1st and 2nd defendants are sons of the late Buyungo Seti, one of the deceased's brothers. In 2019, the 1st and 2nd defendants attempted to stop other family members from using the land. The plaintiffs sued claiming beneficiary status, alleging fraud in the grant of letters of administration and in the land transfer.

Issues

1. Whether the Plaintiffs are beneficiaries of the estate of the late Ssonko George Stanley and have a claim over the suit property.
2. Whether the suit property forms family or ancestral land for the Plaintiffs and Defendants.
3. Whether the late Sonko Charles Salongo fraudulently acquired letters of administration for the estate of the late Sonko George Stanley.
4. Whether the transfer of the land comprised in Busiro Block 306 Plot 448 to the 1st and 2nd Defendants and the late Ssonko Charles Ssalongo was fraudulent.
5. Whether there was breach of trust by the late Sonko Charles Buyungo as the administrator of the estate of the late Sonko George Stanley.
6. What remedies are available to the parties.

Orders

• Declaration that the Plaintiffs—Nakirijja Christine, Ephrance Najjemba, Lutaya Joel and Ssenkungu Simon Peter—are beneficiaries of the estate of the late Sonko Stanley George.
• Declaration that the transfer of the suit land comprised in Block 306 Plot 448 land at Bira into the names of the 1st and 2nd Defendants—Kibuuka Joseph and Ssonko Morris—and Charles W. Buyungo was illegal.
• Order that the 1st Defendant—Kibuuka Joseph, the 2nd Defendant—Morris Ssonko and Charles W. Buyungo's registration on the suit land comprised in Block 306 Plot 448 land at Bira shall be cancelled by the Registrar of Titles.
• Order that the beneficiaries, who are descendants and are in the lineage of Charles Buyungo Ssonko Salongo and Ephrance Nanyonga Nalongo, are directed to register a Family Trust in the name Charles Buyungo Ssonko Salongo and Ephrance Nanyonga Nalongo Trust which trust will have all the present and future lineal descendants of Charles Buyungo Ssonko Salongo and Ephrance Nanyonga Nalongo as beneficiaries.
• Order that the present and future beneficiaries from each family—the families of the late Capt. Wasswa Charles, the late Sunday Bongole Bakiika, the late Buyungo S. Senkuba—shall nominate one person from each of those families to be Trustees of the Charles Buyungo Ssonko Salongo and Ephrance Nanyonga Nalongo Trust, together with Lutaaya Michael (or anyone from his line), and the said Trustees shall hold the said land in trust for the beneficiaries who are the lineal descendants of the late Charles Buyungo Ssonko Salongo and Ephrance Nanyonga Nalongo.
• Order that the total number of Trustees shall always be 4, one person at any one time from each of the following family lines: (a) The lineal descendants of the late Capt. Wasswa Charles; (b) The lineal descendants of Sunday Bongole Bakiika; (c) The lineal descendants of the late Buyungo S. Senkuba; and (d) Lutaaya Michael or one of his lineal descendants.
• Order that on registration of the said Charles Buyungo Ssonko Salongo and Ephrance Nanyonga Nalongo Trust, the said land comprised in Block 306 Plot 448 land at Bira shall be registered in the name of the Trust.
• Permanent injunction issued restraining the Defendants from stopping the Plaintiffs and any other beneficiary of the estate of the late Charles Buyungo Ssonko Salongo and Ephrance Nanyonga Nalongo from using and utilizing the suit land for purposes which will be laid out in the Trust Deed.
• General damages of UGX 5,000,000 (Five Million Uganda Shillings) awarded to the Plaintiffs to be paid by the 1st and 2nd Defendants.
• Costs of this suit to be borne by the 1st and 2nd Defendants.

Rules and key headnotes

Legislation cited (11)

• Succession Act Cap 268 s.15
• Succession Act Cap 268 s.16
• Succession Act Cap 268 s.17
• Succession Act Cap 268 s.21
• Succession Act Cap 268 s.23
• Succession Act Cap 268 s.23(1)(e)
• Succession Act Cap 268 s.230(2)(b)
• Land Act Cap 236 s.39(4)
• Civil Procedure Rules Order 7 Rule 11(a)
• Civil Procedure Act Cap 282 s.27(1)
• Interpretation Act Cap 2 s.3(2)

Cases cited (16)

• Bhatia v Boutique Shazim Ltd (Supreme Court Civil Appeal No. 16 of 2009)
• Attorney General V Major General David Tinyefuza
• Auto Garage & Anor v Motokov (1971) EA 514
• Tororo Cement Co Ltd v Prokina International Ltd (Supreme Court Civil Appeal No. 2 of 2001)
• Mary Onen & Ors v Getrude Auma Oryema & Ors (Civil Suit No. 39 of 2010)
• Bisigwaho v Beshubeho & 2 Ors (Civil Appeal No. 50 of 2020)
• Fredrick JK Zaabwe v Orient Bank Limited & Ors (Supreme Court Civil Appeal No. 4 of 2006)
• Eng Sendawula Mustafa & Anor v Issa Kabali & Ors (Civil Suit No. 192 of 2014)
• Turyasingura Herebert v Nyakairu Winifred (High Court Civil Suit No. 373 of 2016)
• Tumusiime & 3 Ors v Semakula (High Court Civil Suit No. 76 of 2013)
• Saul Kirisibombo Rumanda v Emmy Tumwine & Ors (Court of Appeal Civil Appeal No. 53 of 2017)
• Katende Sempebwa & Co Advocates & Anor v Nabacwa & Ors (Miscellaneous Application No. 72 of 2019)
• Sekasiko Christopher v Edward Kasirye & Anor (Civil Suit No. 77 of 2014)
• Kampala District Land Board v Venansio Babweyana (Civil Appeal No. 2 of 2007)
• Luzinda Marion Busingye Babirye v Ssekamatte & Ors (High Court Civil Suit No. 366 of 2016)
• Harbutt's Plasticine Ltd v Wayne Tank & Pump Co Ltd (1970) 1 All ER 225

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