Wakilii

Shireen Nathu v Mansoor Nadir and Another (Miscellaneous Application No. 2701 of 2024)

High Court · [2026] UGHCFD 45 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from civil suit concerning estate administration
Decision
Temporary injunction granted restraining respondents from dealing with the estate pending determination of the main suit; respondents directed to file inventory and account within one month

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court granted a temporary injunction restraining the respondents from making further dispositions or distributions from the estate pending determination of the main suit. The court found that the applicant established a prima facie case, risk of irreparable injury, and that the balance of convenience favoured preservation of the estate, particularly given that the grant of probate had expired and the respondents had renounced executorship. The court also directed the respondents to file a proper inventory and account of the estate within one month.

Outcome

Temporary injunction granted restraining respondents from dealing with the estate pending determination of the main suit; respondents directed to file inventory and account within one month

Facts

The applicant and the late Amirali Nathu were married in 1962. The deceased passed away on 17 April 2021 leaving a will dated 20 December 2020 naming the respondents as executors. Letters of probate were granted on 21 September 2021. The applicant challenged the validity of certain bequests in the will and alleged that the respondents mismanaged the estate by failing to provide proper accounts, misappropriating assets, and attempting various illegalities. The applicant sought a temporary injunction restraining the respondents from making further distributions from the estate and requiring them to file a full inventory and account. The respondents contended that the estate had been properly administered, inventories had been filed, and the applicant had accepted benefits under the will. The grant of probate expired by operation of law on 31 May 2025, and the respondents filed a renunciation of executorship on 3 February 2025.

Issues

  1. Whether the Applicant has satisfied the conditions for the grant of the temporary injunction and ancillary orders sought in the application.

Orders

  • An order of temporary injunction is hereby granted prohibiting the Respondents, their agents, representatives, employees, or any other persons acting through or deriving authority from them from taking any further steps, either as former executors of the estate of the Late Amirali Nathu, or in any other capacity from making any further dispositions, distributions, transfers, alienations, or in any manner whatsoever dealing with the estate of the Late Mr. Amirali Nathu or any assets forming part thereof pending the determination of the main suit or further orders of this Court.
  • The Respondents are hereby directed to file out of time both a full and proper inventory and an account of the estate of the Late Mr. Amirali Nathu for the period during which they administered the estate pursuant to the grant of Probate.
  • The said inventory and account shall not require the approval or signature of the Applicant prior to filing in Court.
  • The said inventory and account shall be filed in Court within one (1) month from the date of this ruling.
  • Costs of this Application shall be in the cause.

Rules and key headnotes

Temporary Injunctions — Conditions for Grant
Before court grants a temporary injunction, the applicant must show that there is a prima facie case with a probability of success, that the applicant might otherwise suffer irreparable damage which would not easily be compensated in damages, or if the applicant fails to establish one of the said principles, then a temporary injunction can be granted on the basis of the balance of convenience of both parties.
Preliminary Objections — Pure Points of Law
A preliminary objection is a pure point of law which if successfully taken disposes of the matter without recourse to evidence. Objections regarding whether an application is abusive, misconceived, impracticable, or contrary to the purpose of a temporary injunction do not constitute pure points of law as they require examination of factual circumstances and are matters going to the merits of the application.
Executors — Authority to Deal with Estate After Expiry of Grant
Where a grant of probate has expired by operation of law or has been renounced, the executors no longer possess subsisting authority to continue dealing with the estate. Any continued dealings, transfers, distributions, alienations, or dispositions relating to estate assets in the absence of lawful authority carry a real risk of prejudice to the estate and the beneficiaries.
Executors — Duty to File Inventory and Account
Section 273(1) of the Succession Act imposes a statutory duty upon executors and administrators to exhibit in court a full and true inventory of the estate within six months from the date of the grant and thereafter to render a true account of the estate within one year from the date of the grant or within such further time as court may allow. This obligation is not a mere procedural formality but a fiduciary obligation arising from the office of executor or administrator.
Inventory and Account — Distinction
The filing of an inventory is distinct from the rendering of an account. Whereas an inventory relates to the disclosure of the estate assets that have been discovered and have come into the hands of the executors, together with the beneficiaries, liabilities, and debts of the estate, an account concerns the actual administration, management, and distribution of those assets and the stewardship exercised by the executors during the course of administration.
Temporary Injunctions — Balance of Convenience in Estate Preservation
Where a grant of probate has expired and executors have renounced executorship, the balance of convenience tilts in favour of granting preservatory orders preserving the estate pending determination of the main suit, as preserving the estate is less prejudicial than permitting continued dealings with estate assets amidst unresolved disputes concerning the validity and implementation of the will.

Legislation cited (13)

Cases cited (6)

  • Kiyimba-Kaggwa v Haji Abdu Nasser Katende (Civil Suit No. 2109 of 1984)
  • Attorney General v James Mark Kamoga (Civil Appeal No. 8 of 2004)
  • James Musinguzi Garuga and Another v Chris Baryomunsi and New Vision Printing & Publishing Co. Ltd (Miscellaneous Application No. 817 of 2016)
  • Kiyimba Kaggwa v Haji Katende (Civil Suit No. 2109 of 1984)
  • Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd (1969) EA 696
  • Godfrey Sekitoleko and 4 Others v Seezi Peter Mutabazi and 2 Others (Civil Appeal No. 65 of 2011)

Cases citing this judgment (1)

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.

Full judgment

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

Shireen Nathu v Mansoor Nadir and Another (Miscellaneous Application No. 2701 of 2024) [2026] UGHCFD 45 (14 May 2026)
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.