Wakilii

Nsubuga Ben v Pulikeria Nanduggya (Civil Suit No. 26 of 2023)

High Court · [2025] UGHC 1499 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking revocation of letters of probate and appointment of new administrator
Decision
Letters of probate revoked; plaintiff appointed as administrator of the estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court revoked letters of probate granted jointly to three executors in 1981 on grounds that the grant became inoperative following the death of two co-executors and the surviving executrix failed to file an inventory for 43 years as required by law. The court appointed the plaintiff as administrator of the estate but declined to cancel land titles as that issue was pending determination in a separate suit involving additional parties.

Outcome

Letters of probate revoked; plaintiff appointed as administrator of the estate

Facts

The late Cosima Nsubuga died testate, bequeathing land at Bulamu to the plaintiff. Letters of probate were granted jointly to three executors in 1981, including the defendant Pulikeria Nanduggya (the plaintiff's biological mother). By 2015, the two co-executors had died. The plaintiff discovered that the defendant had registered herself as proprietor on land bequeathed to him and made subdivisions without consent of beneficiaries. The defendant attempted to obtain fresh letters of administration in 2015 but that application was dismissed in 2018. No inventory was filed by the executors in the 43 years since the original grant. The defendant did not file a defence and the matter proceeded ex parte.

Issues

  1. Whether the Letters of Probate vide Probate & Administration Cause No. 166 of 1980 granted to Yakobo Lwembawo (deceased), Deogratious Nsubuga (deceased) and Pulikeriya Nandujja should be revoked?
  2. What remedies are available to the parties?

Orders

  • The letters of probate vide HCT Misc. Cause No. 166 of 1981 are hereby revoked.
  • The Plaintiff is hereby appointed as administrator of the estate of the late Cosima Nsubuga.
  • All beneficiaries shall properly be identified before the Deputy Registrar before signing of the grant.
  • Plaintiff shall bear his own costs.

Rules and key headnotes

Succession & Estates — Letters of Probate — Joint Executors — Effect of Death of Co-Executors
Where executors or administrators are granted letters jointly, they must act jointly at all times and in case of death of any of them the grant becomes inoperative.
Succession & Estates — Revocation of Grant — Failure to File Inventory
The duty to file an inventory within six months of the grant of letters of probate under Section 273(1) of the Succession Act is mandatory and breach of which is a ground for revocation of the grant.
Succession & Estates — Revocation of Grant — Just Cause
Under Section 230 of the Succession Act, a grant of probate or letters of administration may be revoked for just cause, including where the grant has become useless and inoperative through circumstances or where the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory.
Succession & Estates — Fresh Grant — Power of Court
The court has power under Section 230(5) of the Succession Act to revoke an inoperative grant and make a fresh grant of letters of probate or administration where it is made clear that the previous grant has turned out abortive or inefficient.
Administrative Law — Lis Pendens — Pre-Determination of Pending Suit
Where the same property and issues are the subject of a pending suit involving additional parties, the court will decline to determine those issues in a separate suit to avoid pre-determining the pending matter and denying other parties their right to be heard.

Legislation cited (9)

Cases cited (9)

  • Sylvester Byaruhanga v Father Emmanuel Ruvugwaho & Anor (Supreme Court Criminal Appeal No. 9 of 2014)
  • Wasswa Amon Bwogi & Anor v Mayanja Joshua Kajubi (Civil Suit No. 40 of 2010)
  • Sebuliba v. Co-operative Bank (1982) HCB129
  • Miller v. Minister of Pensions (1947)2 ALL ER 372
  • William Loveday [1900] P. 154
  • In the matter of an application for revocation of letters of administration and grant instead to Piwa Clare and Biywaga Joan (Miscellaneous Application No. 53 of 2016)
  • Paulo Kauma v. Moses Sekajja (1995) KALR 18
  • Bank of Uganda v FW Masaba & Others (Supreme Court Civil Appeal No. 3 of 1998)
  • Kibimba Rice Co Ltd v Umar Salim (Supreme Court Civil Appeal No. 7 of 1988)

Full judgment

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

Nsubuga Ben v Pulikeria Nanduggya (Civil Suit No. 26 of 2023) [2025] UGHC 1499 (29 September 2025)
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.