Wakilii

Pelagia Kakuliremu v Paulini Manyindo (Civil Suit No. DR. MFP 26 90)

High Court · [1991] UGHC 22 · 1991 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit arising from letters of administration proceedings, challenging a caveat filed against plaintiff's application for letters of administration
Decision
Plaintiff's application for removal of caveat dismissed; plaintiff not entitled to letters of administration to the estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that although the plaintiff was the sole surviving child of the deceased and entitled under succession law to apply for letters of administration, the deceased had validly made a gift intervivos of his land (Kibanja) to the defendant during his lifetime. The deceased was of sound mind when he made the gift in 1988 and 1989, acting voluntarily and with full intention. The gift was not made in expectation of death. The plaintiff was not entitled to letters of administration because the land had been lawfully transferred before death. The suit was dismissed with costs to the defendant.

Outcome

Plaintiff's application for removal of caveat dismissed; plaintiff not entitled to letters of administration to the estate

Facts

Joseph Kaijabohore died intestate in December 1989, leaving behind his daughter Pelagia Kakuliremu (the plaintiff) and his elderly widow Kwebiiha. The estate comprised a Kibanja (customary land), a house, and a cow, valued at one million shillings, located at Kitome village. The defendant Paulini Manyindo, a cattle trader and neighbour by clan affiliation not related to the deceased, became friendly with the deceased and provided assistance to the couple after they were attacked by thieves in the 1980s. The defendant cared for the deceased during illness, providing treatment, food, and water. On 23 August 1988 and 22 August 1989, the deceased executed written agreements transferring his Kibanja to the defendant as a gift. The cow was sold to the defendant during the deceased's lifetime. When the plaintiff applied for letters of administration, the defendant filed a caveat. The plaintiff contended the deceased was mentally unstable and the gift was void. The defendant claimed the transfers were voluntary gifts intervivos made by a person of sound mind in gratitude for assistance rendered.

Issues

  1. Whether the plaintiff is the blood child of Joseph Kaijabohore the deceased and in that capacity whether she is the lawful person to obtain letters of administration to the estate of the deceased.
  2. Whether the defendant is a legitimate person to administer or obtain the administration of the estate of the deceased.
  3. Whether the late Kaijabohore disposed of his estate by way of gift intervivos to the defendant.
  4. Whether the letters of administration which were granted to the plaintiff under administration cause No. 7 of 1990 were validly granted and if not whether the same should be revoked.

Orders

  • Suit dismissed.
  • Costs awarded to the defendant.

Rules and key headnotes

Letters of Administration — Priority of Entitlement — Children of Intestate
Under Succession Amendment Decree 22 of 1972 section 28(1)(a)IV and Statutory Instrument 1972 No. 104 rule 9(1), the sole surviving child of an intestate has priority in obtaining letters of administration and is entitled to receive 75 percent of the intestate's estate.
Gifts Intervivos — Definition and Essential Elements
A gift intervivos is the voluntary transfer of property from one person to another gratuitously during the donor's lifetime and not in expectation of death, with full intention that the property shall not be returned and that the recipient shall retain it entirely as their own.
Gifts — Capacity to Make Gift — Persons Sui Juris
Any person who is sui juris, acting freely, fairly and with sufficient knowledge, has the power to make a binding and effectual voluntary gift of any property to which they are absolutely entitled, whether the property is capable of manual delivery or not.
Gifts — Capacity to Make Gift — Unsoundness of Mind
Gifts made by persons of unsound mind are absolutely void whether of realty or personality, even if made during a lucid interval. However, a person alleging unsoundness of mind bears the burden of proving it; the donor is presumed to be of sound mind in the absence of evidence to the contrary.
Letters of Administration — Effect of Valid Disposition Before Death
Where a deceased person has validly disposed of property by way of gift intervivos before death, the property does not form part of the deceased's estate for purposes of administration, and the intended administrator's claim to letters of administration may be defeated to the extent the estate no longer exists.

Legislation cited (3)

  • Succession Amendment Decree 22 of 1972 s.28(1)(a)IV
  • Statutory Instrument 1972 No. 104 rule 9(1)
  • Law of Evidence s.30

Cases cited (5)

  • Kekewich v Manning (1851) 1 De G M & G 176
  • Hall v Hall (1873) 8 Ch App 430
  • Beverley's Case (1603) 4 Co Rep 123b
  • Elliott v Ince (1857) De G M & G 475
  • Re Walker [1905] 1 Ch 160

Full judgment

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Pelagia Kakuliremu v Paulini Manyindo (Civil Suit No. DR. MFP 26_90) [1991] UGHC 22 (7 July 1991)
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.