Wakilii

Paulo Kavuma v Moses Sekajja and Another (CIVIL SUIT HO. 473 95)

High Court · [1995] UGHC 92 · 1995 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 administration and grant to new administrators
Decision
Letters of administration revoked and granted to new administrators; former administrators ordered to file accounts

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 on grounds that the grant had become useless and inoperative through circumstances and that the administrators had wilfully failed to exhibit an inventory or account as required by the Succession Act. The court appointed new administrators including the deceased's mother, sister, and a close family friend. The court declined to award general damages for lack of evidence of loss but ordered the former administrators to file accounts within one month.

Outcome

Letters of administration revoked and granted to new administrators; former administrators ordered to file accounts

Facts

The late Paul Kavuma died intestate on 20 May 1992, survived by his widow Jolly Kavuma and two children, Paulo Kavuma and Allan Kavuma. Letters of administration were granted on 2 September 1992 to the widow, Moses Sekajja (brother of the deceased), and Mohamed Sekamatte (step-father of the deceased). The widow died on 22 July 1993 and one child Allan also died. The surviving administrators allegedly mismanaged the estate: they sold a vehicle and divided the money, removed household property from the matrimonial home, attempted to sell the house at Luzira, failed to look after the surviving child Paulo, and failed to file an inventory or accounts in court. Mohamed Sekamatte relinquished his responsibilities in March 1995, citing impossibility due to the first defendant's conduct. The deceased's mother, Miriam Nakubulwa, intervened to protect the child and lodged a caveat on the property.

Issues

  1. Whether the defendants have mismanaged the estate to justify the revocation of the letters of administration.
  2. In case the letters are revoked whether 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 to the defendants dated 2 September 1992 under Administration Cause No. 297 of 1992 is hereby revoked under section 233 of the Succession Act.
  • The defendants are ordered to deposit in this court the said letters of administration forthwith.
  • Miriam Nakubulwa (mother of the deceased), Sarah Nabasirye Nalunga (sister of the deceased), and Henry Kagwa (close friend to the deceased's family) are granted letters of administration to the estate of late Paul Kavuma.
  • 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

Revocation of Letters of Administration — Just Cause
Letters of administration may be revoked under section 233 of the Succession Act for just cause, including where the grant has become useless and inoperative through circumstances or where administrators have wilfully and without reasonable cause failed to exhibit an inventory or account in accordance with Part 34 of the Act.
Administrators' Duty to File Inventory and Accounts
Section 280(1) of the Succession Act imposes a mandatory duty on an administrator 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 property, credits, and debts, and within one year an account showing assets received and their application or disposal.
Survival of Office — Multiple Administrators
Under section 235 of the Succession Act, upon the death of one or more of several executors or administrators, all the powers of the office become vested in the survivors or survivor.
Liability for Misapplication of Estate — Damages
Under section 332 of the Succession Act, where an executor or administrator misapplies the estate or subjects it to loss or damage, he is liable to make good the loss or damage so occasioned, but general damages cannot be awarded without proper evidence of the loss sustained.

Legislation cited (7)

Cases cited (2)

  • Reuben Kiwanuka and Others v James Matovu (High Court Civil Suit No. 331 of 1990)
  • Konde v Nankya and Another [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 HO. 473_95) [1995] UGHC 92 (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.