Wakilii

Namatovu v Kasasa and 2 Others (Miscellaneous Application No. 59 of 2021)

High Court · [2021] UGHCCD 216 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to review and set aside consent order in succession matter arising from Administration Cause No. 05 of 2020
Decision
Consent order set aside; matter remitted to Administrator General for fresh certificate of no objection following fresh family proceedings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant acted under duress and undue influence in giving consent to add the 1st respondent as co-administrator. The mediation record showed the applicant objected to adding another administrator, stating there was no need since she was the only one from her side and the rest were in-laws. The consent judgment was reached without considering her wishes and was not entered into voluntarily. The consent order was set aside and the matter referred back to the Administrator General for fresh family proceedings and issuance of a new certificate of no objection.

Outcome

Consent order set aside; matter remitted to Administrator General for fresh certificate of no objection following fresh family proceedings

Facts

The applicant, widow of the late Isaac Seruyange who died intestate on 19 July 2019, together with her late husband's sister petitioned for letters of administration on 16 January 2020. The 3rd respondent lodged a caveat seeking to add the 1st respondent as co-petitioner. A consent judgment was entered on 3 September 2020 substituting Kasasa Ritah Nakaye with Kasasa Moses (1st respondent) as co-administrator. The applicant claimed she signed the consent under pressure and coercion by the respondents and did not understand its contents. The Administrator General had issued a certificate of no objection on 22 November 2019 to Nakanyike Esther, Kasasa Ritah Nakaye, and the applicant. The applicant later contested the issuance of letters to Nakanyike Esther and Kasasa Moses, requesting the matter be referred back to the Administrator General.

Issues

  1. Whether the consent order dated 3 September 2020 should be reviewed and set aside on grounds of duress.
  2. Whether the applicant consented to the addition of the 1st respondent as co-administrator under duress and without understanding the contents of the consent judgment.
  3. Whether the consent order should be set aside to protect the interests of the estate and beneficiaries.

Orders

  • The certificate of no objection serial No. 27823 issued via Administrator-General's Cause No. 2377 of 2019 is hereby revoked.
  • The Administrator General shall issue a fresh Certificate of No Objection to a party or parties with authority to administer the estate of the late Isaac Sseruyange in the best interest of the beneficiaries.
  • No order is made as to costs.

Rules and key headnotes

Civil Procedure — Review of Consent Orders — Grounds for Setting Aside — Duress
A consent order may be reviewed and set aside where it is proved that the order was made through fraud, collusion, duress, or any other sufficient reason which would enable the court to set aside a consent judgment, including misapprehension of material facts or circumstances which would enable court to vitiate a contract.
Civil Procedure — Duress — Test for Establishing Duress — Coercion of Will
Duress is a coercion of the will so as to vitiate consent. In determining whether there was coercion of will such that there was no true consent, it is material to enquire whether the person alleged to have been coerced protested, whether at the time they had an alternative course open to them, whether they were independently advised, and whether after entering the agreement they took steps to avoid it.
Civil Procedure — Consent Orders — Evidence of Duress — Objections During Mediation
Where mediation records show that a party objected to the terms ultimately included in a consent order, stating their disagreement with the proposed arrangement, such objections constitute sufficient evidence that the party took steps to avoid the consent and that the consent was not entered into voluntarily.
Succession & Estates — Letters of Administration — Certificate of No Objection — Substitution of Authorised Administrators
The purpose of obtaining a Certificate of No Objection to administer an intestate's estate on behalf of the Administrator General would be defeated by persons entering into consents and substituting those authorised by the Administrator General with those not authorised to administer on his behalf.
Succession & Estates — Letters of Administration — Family Disputes — Best Interests of Beneficiaries
In succession matters involving an estate and children, extreme caution must be exercised where the parties being appointed to cater for the interests of the estate and the children are not in agreement and are unwilling to work together. Where misunderstandings among family members render the purpose of the certificate of no objection ineffective, the matter should be referred back to the Administrator General for fresh family proceedings.

Legislation cited (8)

Cases cited (6)

  • Mohamed Alibhai v W.E. Bukenya Mukasa and Another [1996] UGSC 2
  • Attorney General and Another v James Mark Kamoga and Another (Civil Appeal No. 8 of 2004)
  • Attorney General and Another v James Mark Kamoga and Another (Civil Appeal No. 8 of 2004)
  • Pao On v Lau [1979] 3 All ER 65
  • Maskell v Home [1915] 3 KB 106
  • Burton v Armstrong [1976] AC 104

Full judgment

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Namatovu v Kasasa and 2 Others (Miscellaneous Application No. 59 of 2021) [2021] UGHCCD 216 (3 December 2021)
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.