Namusisi and Another v Kisambira and Another (Miscellaneous Application 657 of 2021)

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

Held that the applicants, as beneficiaries and claimants to letters of administration of an estate, had locus standi as persons aggrieved to seek review. The court found an error apparent on the face of the record where the prior order directed registration of land in the names of administrators as personal proprietors rather than in their capacity as estate administrators. The order was reviewed and varied to direct registration in the name of the surviving administrator in that capacity, with dispute over rightful administration to be determined in appropriate proceedings.

Outcome

Order in prior Miscellaneous Cause reviewed and varied; land to be registered in name of 1st Respondent as estate administrator pending resolution of dispute over rightful administration

Facts

The applicants claimed to be administrators of the estate of the late Nkonge Bulukani, owner of land in Kyadondo Block 230 Plots 2 and 3 at Kamuli Estate, Wakiso District. The 1st respondent and her late husband had obtained an order in Miscellaneous Cause 77 of 2018 directing the Commissioner Land Registration to register them on the certificate of title. The applicants alleged that the 1st respondent and her husband falsely claimed to be administrators of the estate and used forged letters of administration. The applicants were not parties to the prior proceedings. The 1st respondent countered that she and two others had lawfully obtained letters of administration in 1996 with the knowledge of the applicants' family members. Two competing grants of letters of administration existed — one allegedly obtained by the 1st respondent in 1996 and another obtained by the applicants in 2017. The applicants only became aware of the order when the 1st respondent claimed ownership of the land.

Issues

1. Whether the Applicants have locus standi to bring the application for review.
2. Whether the application is based on an illegality arising from competing grants of letters of administration.
3. Whether the Applicants have sufficient grounds for review of the order in Miscellaneous Cause No. 77 of 2018.
4. Whether the Applicants are entitled to the orders and remedies sought.

Orders

• The order in Miscellaneous Cause No. 77 of 2018 directing registration of Teddy Kisambira and Erias Kisambira as lawful and rightful owners of land comprised in Kyadondo Block 230 Plots 2 and 3, Kamuli Estate Wakiso District is reviewed and varied.
• The 2nd Respondent is directed to register the subject property in the name of the 1st Respondent as Administrator of the Estate of the Late Nkonge Bulukani.
• The dispute regarding administration of the estate of the late Nkonge Bulukani is to be taken by the parties to the appropriate court for determination.
• Each party shall bear their own costs of this application.

Rules and key headnotes

Legislation cited (8)

• Civil Procedure Act Cap 71 s.82
• Judicature Act Cap 13 s.33
• Civil Procedure Rules S.I 71-1 Order 46 r.1
• Civil Procedure Rules S.I 71-1 Order 46 r.8
• Civil Procedure Rules S.I 71-1 Order 52 r.1
• Civil Procedure Rules S.I 71-1 Order 52 r.3
• Registration of Titles Act s.177
• Succession Act

Cases cited (5)

• Re Nakivubo Chemists (U) Ltd (1979) HCB 12
• Busoga Growers Co-operative Union v Nsamba & Sons Ltd (HCMA No. 123 of 2000)
• Makula International Ltd v His Eminence Cardinal Nsubuga & Another (Court of Appeal No. 4 of 1981)
• Attorney General & Others v Boniface Byanyima (HCMA No. 1789 of 2000)
• Levi Outa v Uganda Transport Company [1995] HCB 340

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