Wakilii

Sebadduka and Another v Jaloba (Civil Suit 223 of 2015)

High Court · [2023] UGHCFD 71 · 2023 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking revocation of letters of administration and declaration of trespass
Decision
Suit succeeded; counterclaim dismissed; defendant's letters of administration revoked; defendant declared trespasser; certificate of title ordered cancelled

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the defendant fraudulently obtained letters of administration by concealing the existence of the deceased's biological children and misrepresenting her own children as beneficiaries. The second grant of letters of administration was void ab initio as two grants cannot exist for the same estate. The defendant was declared a trespasser on the estate land, and her fraudulent registration on the certificate of title was ordered cancelled.

Outcome

Suit succeeded; counterclaim dismissed; defendant's letters of administration revoked; defendant declared trespasser; certificate of title ordered cancelled

Facts

The plaintiffs, two widows of the late Musa Sebadduka, obtained letters of administration to his estate in 2001. In 2013, the defendant obtained a second grant of letters of administration to the same estate and used it to register herself as proprietor of Block 73 plot 18 at Nkerenge, estate land originally registered in the deceased's name. The plaintiffs sued to revoke the defendant's letters and declare her a trespasser. The defendant claimed to be the deceased's widow married in 1962 and that the land was given to her as a gift inter vivos. Evidence showed the defendant had met some of the deceased's biological children before obtaining her grant but deliberately excluded them from the list of beneficiaries, instead listing her own two children (who were not fathered by the deceased) as the only beneficiaries. The defendant also gave contradictory evidence about the date of the deceased's death and could not prove her marriage to the deceased.

Issues

  1. Whether the defendant illegally and fraudulently obtained letters of administration to the estate of the late Musa Sebadduka?
  2. Whether the defendant is a trespasser on the suit land?
  3. What remedies are available for the parties?

Orders

  • The letters of administration granted to the defendant for the estate of the late Musa Sebadduka under Administration Cause No. 313 of 2013 are void ab initio and are hereby revoked.
  • The defendant is declared a trespasser to the estate land comprised in Block 73 plot 18 land at Nkerenge.
  • The Commissioner for Land Registration is ordered to cancel the certificate of title in the names of the defendant and all other entries on the special certificate of title in Block 73 plot 18 land at Nkerenge and maintain the plaintiffs/administrators to the estate of the late Musa Sebadduka as the registered proprietors thereof.
  • Costs are awarded to the plaintiffs for the benefit of the estate of the late Musa Ssebaduka.
  • The counterclaim is dismissed.

Rules and key headnotes

Letters of Administration — Revocation — Fraud — Concealment of Material Facts
Letters of administration obtained by concealing from the Administrator General and court the existence of the deceased's biological children and misrepresenting one's own children as beneficiaries constitute fraud and provide just cause for revocation under section 234 of the Succession Act.
Letters of Administration — Multiple Grants — Void Ab Initio
Where letters of administration have been validly granted for an estate, any subsequent grant of letters of administration for the same estate is void ab initio unless the first grant has been set aside. Two grants cannot exist simultaneously for the same estate.
Proof of Marriage — Burden of Proof — Admissibility of Evidence
A letter from an Imam stating that a marriage was solemnised is narrative rather than evidential and does not constitute sufficient proof of marriage where no marriage certificate is produced and no witnesses to the marriage testify. Under section 2(w) of the Succession Act, a wife must have been validly married to the deceased according to the laws of Uganda.
Contradictions and Inconsistencies — Material Contradictions — Effect on Credibility
Where contradictions in evidence are major and intended to mislead or constitute deliberate untruthfulness, the evidence may be rejected. Contradictions concerning the identity of beneficiaries to a deceased's estate are grave because they determine entitlement and, where deliberate, amount to fraud.
Trespass — Elements — Proof Required
A claim for trespass to land succeeds where the claimant proves that the disputed land belongs to him or her, that the defendant entered upon it, and that the entry was unlawful in that it was made without permission or the defendant had no claim, right or interest in the disputed land.
Registration of Titles — Indefeasibility — Exception for Fraud
Under section 64(1) of the Registration of Titles Act, the title of a registered proprietor is indefeasible except in case of fraud. Where registration is obtained fraudulently, the court may under section 177 direct the registrar to cancel the certificate of title and substitute such certificate as the circumstances require.
Letters of Administration — Effect — Rights of Administrator
Under section 192 of the Succession Act, letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his or her death. Property registered in the deceased's name is subject to the validly granted letters of administration.

Legislation cited (13)

Cases cited (15)

  • Nsubuga v Kavuma [1978] HCB 307
  • R.G Patel v Lalji Makanji [1957] EA 314
  • F.K Zaabwe v Orient Bank Ltd & Others (Supreme Court Civil Appeal No. 4 of 2006)
  • Oryem David v Omory Phillip (High Court Civil Suit No. 100 of 2018)
  • Makau Nairuba Mabel v Crane Bank Ltd (High Court Civil Suit No. 380 of 2009)
  • Okecho Alfred v Uganda (Supreme Court Criminal Appeal No. 24 of 2001)
  • Alfred Tarjar v Uganda (Criminal Appeal No. 167 of 1969)
  • Struggle Ltd v Pan African Insurance Co Ltd (1990) ALR 46-47
  • Makula International v His Eminence Cardinal & Another [1982] HCB 11
  • Otto Aya and others v Okwera William (Court of Appeal No. 36 of 2013)
  • Stella Maris Amabilis & Another v Esther Nabusakala [2009] UGHC 21
  • Justine E.M.N. Lutaaya v Sterling Civil Engineering Co (Supreme Court Civil Appeal No. 11 of 2002)
  • Sheikh Muhammed Lubowa v Kitara Enterprises Ltd (Court of Appeal Civil Appeal No. 4 of 1987)
  • Kampala Bottlers v Damanico (U) Ltd (Supreme Court Civil Appeal No. 22 of 1992)
  • Wambugu v Public Service Commission [1972] EA 296

Full judgment

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Sebadduka and Another v Jaloba (Civil Suit 223 of 2015) [2023] UGHCFD 71 (27 February 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.