Ndagirizi and 2 Others v Kiwendo (Misc Cause 6 of 2022)

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 a beneficiary can lodge a caveat to protect an interest even without letters of administration. The respondent, as grandson of the deceased, has a caveatable interest by virtue of a succession register allocating 4.1 acres to his late father. Removing the caveat would cause injustice while a pending suit in the Family Division challenges the validity of the applicants' letters of administration. Application dismissed; caveat maintained pending determination of the Family Division suit.

Outcome

Caveat maintained pending determination of related suit in Family Division

Facts

The applicants are co-administrators of the estate of the late Yowana Mabikke Kato, having obtained letters of administration on 1 September 2003. One administrator died on 7 December 2017. During administration, the applicants discovered that land comprised in Mawokota Block 81 Plot 31 at Mbale (approximately 8.10 acres) was caveated by the respondent. The applicants sought to distribute the estate to rightful beneficiaries but were constrained by the caveat. The respondent is the grandson of the deceased and son of the late Kiwendo Leonard Charles. The respondent claims his late father was allocated 4.1 acres of the suit land by virtue of succession register No. 18/4205. The respondent's family resides on the land and has a family graveyard there. The respondent's late father allegedly left a will dated 21 January 2017 describing the 4.1 acres. A related suit (Civil Suit No. 175 of 2021) challenging the letters of administration is pending in the Family Division of the High Court at Kampala.

Issues

1. Whether the respondent's caveat on land comprised in Mawokota Block 81 Plot 31 should be removed to enable the applicants to administer and distribute the estate of the late Yowana Mabikke Kato.
2. Whether the respondent has a caveatable interest in the suit land as a beneficiary and grandson of the deceased.

Orders

• Application dismissed.
• Caveat maintained until the Family Division determines the matter regarding revocation of letters of administration.
• No order as to costs since both parties are related.

Rules and key headnotes

Legislation cited (8)

• Registration of Titles Act s.140(1)
• Registration of Titles Act s.142
• Registration of Titles Act s.145
• Registration of Titles Act s.188
• Judicature Act s.33
• Civil Procedure Act s.98
• Civil Procedure Rules O.52 r.1
• Civil Procedure Rules O.52 r.2

Cases cited (1)

• Israel Kabwa v Martin Banoba Mugisa (Civil Appeal No. 52 of 1995)

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