Wakilii

Paulo Kawesa v Administrator General & 2 Ors (Civil Suit No. 918 of 1993)

High Court · [2012] UGHC 109 · 2012 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking declaration of customary heirship and recovery of suit property
Decision
Judgment entered in favour of the plaintiff against all defendants with declarations, general damages, costs, and consequential orders for cancellation of wrongly issued titles and registration of suit property in plaintiff's name

Observed later treatment

Cited — treatment unverified cited in 2 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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.

No adverse treatment recorded Cited 2 times with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court held that the plaintiff remains the lawful customary heir of the late Yowana Sserwanga Muyunga, as once the Kabaka confirmed a customary heir under Kiganda custom, no clan leader had authority to remove him. The Administrator General acted ultra vires by administering and distributing property already administered under customary law before 1967, and by cancelling a certificate of succession after issuance, as he became functus officio. The 590 acres were bequeathed entirely to the plaintiff as customary heir under the deceased's Will, not as a residue or annuity. Judgment for plaintiff with general damages of UGX 110,000,000.

Outcome

Judgment entered in favour of the plaintiff against all defendants with declarations, general damages, costs, and consequential orders for cancellation of wrongly issued titles and registration of suit property in plaintiff's name

Facts

The deceased Yowana Sserwanga Muyunga died testate on 17 August 1956, having named the plaintiff as his customary heir in his 1955 Will. The Will bequeathed 590 acres at Katimagondo to the plaintiff as 'obutaka' for the heir to enjoy all proceeds. The Kabaka of Buganda confirmed the plaintiff as customary heir in 1960 following approval by the Lukiiko and Katikkiro. The plaintiff was installed as heir and resided in the principal residence for over 30 years. In 1993, the Administrator General issued a certificate of succession to the plaintiff for the 590 acres, but seven months later cancelled it and distributed the property among various persons including the second and third defendants (daughters of the deceased), issuing them certificates of succession. The second and third defendants, with assistance from their children, purported to remove the plaintiff as customary heir and install his son Joseph Kawesa in 1993, but Joseph Kawesa disclaimed the heirship. The Administrator General evicted the plaintiff from the principal residence.

Issues

  1. Whether the plaintiff is the customary heir to the late Yowana Sserwanga Muyunga.
  2. Whether the first defendant was justified to administer and to distribute the suit property.
  3. Whether the plaintiff is entitled to the suit property (590 acres) comprising Buddu Block 628, Plot 7.
  4. What remedies are available to the parties.

Orders

  • Declaration that the plaintiff is the customary heir of the late Yowana Sserwanga Muyunga.
  • Declaration that the plaintiff is and has always been entitled to the suit property as the beneficiary thereof under the Will of the late Yowana Sserwanga Muyunga.
  • General damages of Shs. 110,000,000/= awarded to the plaintiff against the first defendant.
  • Costs of the suit awarded to the plaintiff to be paid entirely by the first defendant.
  • Interest on general damages at 20% per annum from the date of judgment to the date of payment in full.
  • Order under Registration of Titles Act s.177 requiring the Commissioner for Land Registration to cancel certificates of title issued following the purported distribution of the suit property by the first defendant.
  • Order under Registration of Titles Act s.177 requiring the Commissioner for Land Registration to register the suit property in the names of the plaintiff, save for 6.9 acres for burial grounds to remain registered in the name of Lameck Kigozi Ssalongo (Nagaya) as trustee.

Rules and key headnotes

Succession & Estates — Customary Heirship — Removal of Heir — Authority of Kabaka
Once the Kabaka of Buganda has confirmed a customary heir under Kiganda customary law, no clan leader has authority to remove that heir, and any purported removal by clan leaders is null and void and of no customary effect, as the Kabaka possesses ultimate authority in succession matters and no person in Buganda has power to change the Kabaka's decision.
Succession & Estates — Wills — Customary Heir Appointed by Testator — Immutability
Where a customary heir is appointed by the testator in his Will and confirmed by the Kabaka, neither clan leaders nor the children of the deceased have any right or power to remove the heir, as doing so amounts to rewriting the testator's Will contrary to the testator's testamentary wishes protected under the Succession Act.
Administrative Law — Administrator General — Scope of Powers — Distribution of Estates
The Administrator General has no power to administer or distribute an estate that has already been administered and distributed under customary law before 18 August 1967. The power vested in the Administrator General by the Local Administration (Performance of Functions) Instrument 1967 (S.I. 150 of 1967) is limited to issuing certificates of succession in respect of estates already administered under customary law, and does not confer administration or distribution powers.
Administrative Law — Administrator General — Functus Officio — Certificate of Succession
Once the Administrator General has issued a certificate of succession, he becomes functus officio and cannot cancel such certificate. The cancellation of a certificate of succession after issuance is a blatant abuse of power and ultra vires, as any claims arising after issuance can only be settled through the courts.
Land & Property — Certificates of Succession — Legal Effect — Administrator Status
Upon obtaining a certificate of succession, the holder immediately becomes the administrator of the property by operation of law under the Registration of Titles Act which defines 'letters of administration' to include certificates of succession. That right as administrator cannot be taken away arbitrarily without due process of law.
Succession & Estates — Interpretation of Wills — Bequest to Customary Heir — Obutaka
Where a testator bequeaths land described as 'obutaka' to his customary heir with the direction that the heir shall enjoy all proceeds therefrom, the bequest constitutes a full and entire transfer of ownership to the customary heir, not a mere life annuity, and the heir takes absolute title to the property.
Civil Procedure — General Damages — Pleading — Award Without Specific Prayer
Under Order VII rule 7 of the Civil Procedure Rules, general damages may be awarded by court where the court finds it appropriate to do so even where a party has not specifically stated them as a relief sought, and the amount to be awarded is a matter of discretion of the trial court which must be exercised judicially.

Legislation cited (12)

Cases cited (7)

  • Administrator General v Akello Joyce Otti and Donato Otti (Supreme Court Criminal Appeal No. 5 of 1993)
  • Re H.C. Kaggwa, Misc. Appl. No. 42 of 1952
  • J. Bugembe Vs. Kiwanuka And Others HCCA No. 42 of 1951
  • Sewava Vs. Kaggwa And Others (1954) EACA 30
  • Lloyd vs. Grace, Smith And Company (1912) AC 716
  • Jack Busigye And 2 Others Vs. T.M.K. HCCS No. 15 of 1990
  • Crown Beverages Ltd. Vs. Ssendi Edward, SCCA No. 2005

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Paulo Kawesa v Administrator General & 2 Ors (Civil Suit No. 918 of 1993) [2012] UGHC 109 (19 June 2012)
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.