Rujumba Louis and Another v Administrator General (MISCELLANEOUS CAUSE NO 0010 OF 2019)
Observed later treatment
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Holding
Application for judicial review dismissed as moot. A pending civil suit filed after the judicial review application would resolve the dispute between the parties concerning who should administer the deceased's estate. The court declined to determine the judicial review application and directed that the civil suit be fast-tracked to bring the succession dispute to an end.
Outcome
Application dismissed as moot due to pending civil suit
Facts
The deceased Sebastian Muhindu died in November 2018. A dispute arose over who should administer his estate. Following family meetings in February and March 2019, the family selected Rujumba Louis and Grace Kabanyomozi as estate administrators. However, the Administrator General issued a certificate of no objection on 17 May 2019 to John Muzoora and Grace Kabanyomozi to apply for letters of administration. A dispute arose over whether John Muzoora was the biological son of the deceased, with the family requesting DNA testing which he refused. Grace Kabanyomozi subsequently filed a caveat on 6 June 2019, claiming her signature had been forged on petition documents. The applicants then filed this judicial review application on 17 June 2019 seeking to quash the Administrator General's certificate. Subsequently, John Muzoora filed Civil Suit No. 71 of 2019 on 5 December 2019 seeking a declaration of his status as beneficiary and removal of the caveat.
Issues
- Whether the court should issue an order of certiorari quashing the Administrator General's decision to issue a certificate of no objection to John Bob Muzoora and Grace Kabanyomozi.
- Whether the court should issue an order of mandamus compelling the Administrator General to issue a certificate of no objection to Rujumba Louis and Grace Kabanyomozi.
- Whether the application had been rendered moot by a pending civil suit.
Orders
- Application dismissed.
- Civil Suit No. 71 of 2019 to be fast-tracked.
- Registrar to issue hearing notices for 1st September 2020 at 10:30 am for fixing hearing dates.
- Registrar to give parties timelines to file joint scheduling memorandum, witness statements and documents.
- Each party to bear their own costs.
- Parties encouraged to explore settlement outside court or through court-facilitated mediation.
Rules and key headnotes
Legislation cited (4)
- Judicature Act Cap 12 s.36
- Judicature Act Cap 12 s.38
- Judicature (Amendment) Act No. 3 of 2012
- Succession Act s.265
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.