Wakilii

Paulo Kavuma v Moses Sekajja and Another (Civil Suit 475 of 1995)

High Court · [1995] UGHC 85 · 1995 Judgment for Plaintiff — Letters Revoked AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking revocation of letters of administration and appointment of new administrators
Decision
Letters of administration revoked and new administrators appointed; former administrators ordered to account for estate assets.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court revoked letters of administration granted to two administrators of an intestate estate on grounds that the grant had become useless and inoperative after one administrator relinquished his responsibilities, and that the administrators wilfully failed to exhibit an inventory or account as required by statute. The court appointed new administrators including the deceased's mother, sister, and a family friend, and ordered the former administrators to account for estate assets but declined to award general damages absent proper accounting evidence.

Outcome

Letters of administration revoked and new administrators appointed; former administrators ordered to account for estate assets.

Facts

The late Paul Kavuma died intestate on 20/5/1992, survived by his widow Jolly Kavuma and two children, Paulo and Allan. Letters of administration were granted on 2/9/1992 to the widow, Moses Sekajja (the deceased's brother), and Mohamed Sekamatte (the deceased's step-father). The widow died on 22/7/1993 and one child Allan also died, leaving Paulo as sole surviving child. The administrators failed to file any inventory or account with the court as required by statute. Evidence showed that the first defendant took household property from the estate home, collected rent without accounting for it, and planned to sell the matrimonial house. The second defendant relinquished his responsibilities citing that his job had been made impossible by the first defendant. The surviving child was neglected and eventually taken in by his grandmother with assistance from a family friend. The plaintiff, suing through his grandmother as next friend, sought revocation of the grant and appointment of new administrators.

Issues

  1. Whether the defendants have mismanaged the estate so as to justify the revocation of the letters of administration.
  2. Whether, in case the letters are revoked, they should be granted to Miriam Nakubulwa.
  3. Whether the defendants should be ordered to account for the property of the estate.
  4. Whether general damages should be awarded against the defendants for the mismanagement of the estate plus costs.

Orders

  • The grant of letters of administration dated 2/9/92 under Administration Cause No. 297/92 is revoked under s.233 of the Succession Act.
  • The defendants are ordered to deposit in court the said letters of administration forthwith.
  • Letters of administration to the estate of late Paul Kavuma are granted to: (i) Miriam Nakubulwa (mother of the deceased), (ii) Sarah Nabasirye Nalunga (sister of the deceased), and (iii) Henry Kagwa (close friend to the deceased's family).
  • The defendants are ordered to, within one month from the date of this judgment, exhibit an account of the estate showing the assets which came to their hands and the manner in which they have been applied or disposed of.
  • No order as to costs.

Rules and key headnotes

Letters of Administration — Revocation — Grounds — Failure to Exhibit Inventory or Account
Under s.233(2)(e) of the Succession Act Cap 139, wilful failure by administrators to exhibit an inventory or account in accordance with the provisions of Part XIV of the Act, as required by s.280(1), constitutes just cause for revocation of letters of administration.
Letters of Administration — Revocation — Grant Becoming Useless and Inoperative
Under s.233(2)(d) of the Succession Act, a grant of letters of administration may be revoked on the ground that it has become useless and inoperative through circumstances, including where one of two surviving administrators relinquishes his responsibilities and the remaining administrator is unsuitable to continue alone.
Letters of Administration — Statutory Duty to Exhibit Inventory and Account
Section 280(1) of the Succession Act imposes a mandatory duty on administrators to exhibit in court, within six months from the grant (or such further time as the court may appoint), an inventory containing a full and true estimate of all estate property, credits and debts, and within one year an account showing assets received and their application or disposal.
Administrators — Liability for Misapplication — Assessment of Damages
Under s.372 of the Succession Act, an administrator who misapplies the estate or subjects it to loss or damage is liable to make good the loss or damage, but where administrators have failed to provide proper accounts, the court lacks evidence on which to base an award of general damages for mismanagement.
Death of Co-Administrator — Devolution of Powers
Upon the death of one or more of several executors or administrators, under s.275 of the Succession Act, all powers of the office become vested in the survivors or survivor.

Legislation cited (6)

Cases cited (2)

  • Reuben Kiwanuka and Others v James Matovu (HCCS No. 354 of 1990)
  • Konde Vs Nankya & Anor /1985/ HCB 22

Full judgment

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

Paulo Kavuma v Moses Sekajja and Another (Civil Suit 475 of 1995) [1995] UGHC 85 (24 November 1995)
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.