Wakilii

Salabaya & Another v Sekitooleko & Another (Civil Suit 293 of 2014)

High Court · [2023] UGHC 260 · 2023 Preliminary Objection Overruled AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objection raised by plaintiffs in civil suit for revocation of letters of administration
Decision
Preliminary objection overruled; main suit to proceed to hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A concluded administration cause that has resulted in the grant of letters of administration cannot lapse or be struck out for want of prosecution under Section 255A of the Succession (Amendment) Act 2022. Once letters of administration have been issued, the appropriate remedy is to seek revocation through the main suit, not to strike out the concluded administration cause. The preliminary objection seeking to strike out the concluded administration cause was overruled.

Outcome

Preliminary objection overruled; main suit to proceed to hearing on merits

Facts

The plaintiffs brought suit seeking revocation of letters of administration granted to the defendants in respect of the estate of the late Ssempeera Alamanzani. The plaintiffs had lodged a caveat against the grant but alleged that the defendants fraudulently proceeded to acquire letters of administration despite the caveat. Letters of administration were granted on 9 July 2014 in Administration Cause No. 396 of 2014. The defendants contended they were lawfully appointed after obtaining a certificate of no objection from the Administrator General and only learned of the caveat when police summoned them after the grant had been made. Before hearing of the main suit commenced, the plaintiffs filed Miscellaneous Application No. 93 of 2023 raising a preliminary objection, arguing that under Section 255A of the Succession (Amendment) Act 2022, the defendants should have filed suit within six months of the caveat being lodged, and having failed to do so, Administration Cause No. 396 of 2014 should be struck out for want of prosecution or lapse.

Issues

  1. Whether Administration Cause No. 396 of 2014 abated or can be struck out for want of prosecution.
  2. What remedies are available to the parties.

Orders

  • Miscellaneous Application No. 93 of 2023 arising out of Civil Suit No. 396 of 2014 is struck out with costs.
  • Counsel directed to file and serve each other with trial bundles, witness statements and a joint scheduling memorandum by 20th October 2023.
  • Suit fixed for hearing on 23rd November 2023 at 10:00 AM.

Rules and key headnotes

Letters of Administration — Effect of Caveat — Lapse of Administration Cause
An administration cause that has been concluded by the issuance of letters of administration cannot lapse or be struck out for want of prosecution after the grant has been made, notwithstanding the provisions of Section 255A of the Succession (Amendment) Act 2022 which require a petitioner to file suit within six months where a caveat has been lodged.
Letters of Administration — Revocation — Proper Remedy After Grant Issued
Where letters of administration have been granted, the appropriate remedy for a party who lodged a caveat is to seek revocation of the grant through a substantive suit, not to apply to strike out the concluded administration cause on grounds of lapse or want of prosecution.
Preliminary Objections — Striking Out Concluded Proceedings
It is improper to institute a miscellaneous application seeking to strike out a concluded suit or cause on the premise that it was not prosecuted or that it lapsed, where the cause has already resulted in a final order or grant.

Legislation cited (5)

Full judgment

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Salabaya & Another v Sekitooleko & Another (Civil Suit 293 of 2014) [2023] UGHC 260 (27 September 2023)
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.