Rwaheru and 3 Others v Rwambale (Civil Suit 74 of 2019)

Observed later treatment

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 the will dated 21 July 2018 was invalid because it was not properly executed and attested under Succession Act s.50, as none of the attesting witnesses saw the testator sign and the signature on the will differed from the deceased's known signature. The letters of administration granted to the defendant were revoked because the defendant concealed from court the existence of widows as beneficiaries and made untrue representations that all beneficiaries had consented to his appointment.

Outcome

Will declared invalid. Letters of administration revoked. Defendant to surrender letters within one week. Fresh letters to be pursued with all beneficiaries included.

Facts

Kuguma Muhammad died on 30 August 2018. Plaintiffs claimed he left a will appointing them executors. The defendant, without knowledge of plaintiffs, obtained letters of administration on 15 October 2019 in Admin Cause No. 074 of 2019, representing that the deceased died intestate. The defendant was granted a certificate of no objection after being chosen by some family members. The purported will dated 21 July 2018 bore the signature of the deceased dated 24 July 2018 and was witnessed by three persons, but none of the attesting witnesses testified to seeing the deceased sign. The signature on the will differed from the deceased's known signature on other documents. The defendant excluded several widows and children from the process of obtaining the grant and failed to disclose to court that the deceased left widows.

Issues

1. Whether the late Kaguma Muhammad died testate.
2. Whether the defendant fraudulently obtained letters of administration to the estate of the late Kaguma Muhammad.
3. What remedies are available to the parties?

Orders

• The 1st and 2nd plaintiffs are struck out as parties to this suit for want of locus standi and cause of action.
• An order is hereby issued declaring the will dated 21st July 2018 purportedly made by the late Kuguma Muhammad invalid.
• A declaration that the late Kuguma Muhammad died intestate.
• The letters of administration granted to the defendant over the estate of the late Kuguma Muhammad in HCT - 01 - FD - AC - 074 OF 2019 are hereby revoked.
• The defendant is hereby ordered to surrender the said letters of administration to court within one week from the date of delivery of this judgment.
• That fresh letters of administration shall be pursued and granted over the estate of the late Kuguma Muhammad following a proper process that includes all beneficiaries.
• An injunction doth issue restraining any of the beneficiaries of the estate of the late Kuguma Muhammad, their agents or any person from interfering or intermeddling in the said estate pending a lawful process for grant of new letters of administration and distribution of the estate.
• Each party shall bear their own costs.

Rules and key headnotes

Legislation cited (4)

• Succession Act Cap 162 s.50
• Succession Act Cap 162 s.234
• Evidence Act s.101
• Evidence Act s.103

Cases cited (19)

• National Water and Sewerage Corporation v Sam Magezi & others (HCT - 01 - LD - CS - 018 of 2021)
• Law society of Kenya v Commissioner of Lands and others (Civil Case No. 464 of 2000)
• Dima Enterprises Poro v Inyani Godfrey (Civil Appeal No. 17 of 2016)
• Regina v. Inland Revenue Commissioners, exparte the National Federation of Self-Employed and Small Businesses [1982] AC 617; [1981] 2 All ER 93; [1981] 2 WLR 722; [1981] 1 WLR 793
• quick Enterprises Ltd Vs. Railways Corporations, Kisumu High Court Civil Case No. 22 of 1999
• Glady Nduku Nthuki Vs. Letshego Kenya & Anor, Kenya High Court Civil Suit No. 007 of 2021
• Kusum Ingots & Alloys Ltd. v. Union of India, (2004) 6 SCC 254
• Tororo Cement Co. Ltd v Frokina International Ltd (Supreme Court Civil Appeal No. 2 of 2001)
• Kebirungi vs. Road Trainers ltd & 2 others [2008] HCB 72
• Mwesige Richard v Kazooba Peter & 2 others (High Court Civil Suit No. 036 of 2022)
• Yaya Towers Limited v Trade Bank Limited (In Liquidation) (Civil Appeal No. 35 of 2000)
• Musabe Edwin & Anor v Keti Kabanyoro (High Court Civil Suit No. 28 of 2021)
• Nurdin Katende v Yunus Kabugo & 4 others (Civil Suit No. 364 of 2012)
• Kamo Enterprises Ltd v Krytalline Salt Limited (Supreme Court Civil Appeal No. 8 of 2018)
• In re Estate of Samuel Ngugi Mbugua (Deceased) [2017] eKLR
• Elizabeth Kamene Ndolo vs George Matata Ndolo Nairobi Court of Appeal civil appeal number 128 of 1995
• Jesse Karaya Gatimu Mary Wanjiku Githinji [2014] eKLR
• Albert Imbuga Kisigwa vs Recho Kavai Kisigwa Succession Cause No. 158 of 2000
• Stella Maris Amabilis & Anor v Esther Nabusakala (High Court Civil Suit No. 72 of 2007)

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.

• Charles Mugabi v Kikonyogo George (Civil Suit 147 of 2025)
• Kabanyomozi v Muzoora (HCT-01-CV-MA 8 of 2024)

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