Wakilii

Sserubiri Israel and Lule David Mukomazi v Administrator General (Miscellaneous Application No. 1975 of 2025)

High Court · [2025] UGHCFD 181 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to dispense with requirement for certificate of no objection from Administrator General and for grant of letters of administration
Decision
Letters of administration granted to applicants without certificate of no objection from Administrator General

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dispensed with the requirement for a certificate of no objection from the Administrator General and granted letters of administration to the applicants. Where the Administrator General fails to respond within fourteen days to a notice of intention to apply for letters of administration, the court may dispense with the certificate requirement under section 5 of the Administrator General's Act. Beneficiaries cannot be required to await the outcome of a constitutional petition before protecting their interests in an estate.

Outcome

Letters of administration granted to applicants without certificate of no objection from Administrator General

Facts

The applicants, grandchildren of the late Temitewo Mukomazi who died intestate in 1917, sought letters of administration to his estate. They had previously obtained letters of administration to their father's estate (Lauben Lwanga) but discovered that land remained registered in their grandfather's name. The applicants opened a file with the Administrator General in the early 2000s but the Administrator General declined to issue a certificate of no objection. On 5 January 2021, the applicants issued formal notice to the Administrator General of their intention to apply for letters of administration. The Administrator General did not respond within fourteen days or thereafter. The Administrator General opposed the application on grounds that the estate had been distributed under Buganda customary law and that a pending constitutional petition questioned the Administrator General's authority to issue certificates of no objection on succession register estates. The applicants contended that the estate had not been properly administered, that land remained in the deceased's name, and that the estate was vulnerable to fraudsters.

Issues

  1. Whether the requirement for a certificate of no objection from the Administrator General for administering the estate of the late Temitewo Mukomazi should be dispensed with.
  2. Whether letters of administration for the estate should be granted to the applicants.

Orders

  • The requirement for a Certificate of No Objection from the Administrator General for the estate of the late Temitewo Mukomazi is dispensed with.
  • Letters of Administration for the estate of the late Temitewo Mukomazi are granted to the applicants.

Rules and key headnotes

Administrator General — Certificate of No Objection — Dispensation with Requirement
Where an applicant for letters of administration gives the Administrator General fourteen clear days' notice of intention to apply for a grant and the Administrator General neither consents nor objects within that period, the court may dispense with the requirement for a certificate of no objection under section 5 of the Administrator General's Act Cap 264.
Letters of Administration — Grant — Nearest Relatives in Degree
Grandchildren who are the nearest surviving relatives in degree of consanguinity to an intestate deceased are entitled to letters of administration where they have complied with the statutory notice requirements and the Administrator General has failed to respond.
Pending Constitutional Petition — Effect on Proceedings
The pendency of a constitutional petition does not automatically stay other proceedings unless a formal application for stay is made and granted. Beneficiaries of an estate cannot be required to await the outcome of a constitutional petition before taking steps to protect their interests where delay may cause irreparable loss.
Estate Administration — Distribution Scheme Distinguished from Actual Distribution
A distribution scheme prepared by the Administrator General does not constitute actual administration of an estate. Where property remains registered in the name of the deceased and no succession certificates or transfers have been issued to beneficiaries, the estate has not been distributed.

Legislation cited (7)

Cases cited (1)

  • Lufunya Derrick and Another v Attorney General and Another (Constitutional Petition No. 84 of 2023)

Full judgment

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

Sserubiri Israel and Lule David Mukomazi v Administrator General (Miscellaneous Application No. 1975 of 2025) [2025] UGHCFD 181 (11 September 2025)
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.