Re The Estate of The Late Yusuf Kalanzi of Buwooya L.C.I. Jjungo SabawaIi (Miscellaneous Application No.009 2009) (Miscellaneous Application No.009 2009)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

Holding

Held that a widow who was residing with the intestate deceased in the matrimonial home at the time of his death is entitled under section 26 of the Succession Act and the Second Schedule to occupy the residential holding as the deceased's principal residence. The court granted the certificate of occupancy.

Outcome

Applicant granted certificate of occupancy for the residential holding

Facts

The applicant, Beatrice N. Kalanzi, was married to the late Yusuf Kalanzi in a church ceremony on 1 January 1944. The deceased died intestate on 9 April 1990. At the time of his death, the deceased and the applicant were residing together at their matrimonial home at Buwooya in Busiro Block 527 Plot 41 at Kiumu, Wakiso District. This was the deceased's principal residential holding. The applicant sought a certificate of occupancy for the residential holding as the widow of the deceased.

Issues

1. Whether the applicant is entitled to a certificate of occupancy for the residential holding of her late husband who died intestate.

Orders

• Application allowed.
• Applicant granted the right of occupancy of the residential holding at Busiro Block 527, Plot 41 at Kiumu, Wakiso District.
• No order as to costs.

Rules and key headnotes

Legislation cited (5)

• Succession Act Cap 162 s.26
• Succession Act Cap 162 Second Schedule Rule 1(1)
• Civil Procedure Rules S.I 71-1 Order 52 rr.1
• Civil Procedure Rules S.I 71-1 Order 52 rr.3
• Civil Procedure Act Cap 71 s.98

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