Ssetuba & 3 Others v Mabirizi & Another (Civil Suit 13 of 2015)

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

Court held that letters of administration to one estate do not confer authority to administer a different estate. The first defendant, appointed administrator of his father Antonio Musoke's estate, was wrongfully registered on certificates of title belonging to the estate of Ntwane Zijjangampewo. The registration was unlawful. Court ordered cancellation of wrongfully created titles and awarded general damages of UGX 60,000,000 for the plaintiffs' inconvenience over two decades.

Outcome

Judgment entered in favour of plaintiffs with declarations and orders for cancellation of wrongful title registrations and permanent injunction

Facts

The plaintiffs are beneficiaries of the estate of the late Ntwane Zijjangampewo who died intestate leaving land comprised in Kabula Block 76. This Court granted letters of administration to Antonio Musoke, one of the deceased's children, in Administration Cause No. 1 of 1978. Antonio Musoke was registered on the certificate of title as administrator but died before administering the estate. The first defendant, Antonio Musoke's son, was then granted letters of administration to administer his father Antonio Musoke's estate (Administration Cause No. 93 of 1990). The first defendant used those letters to get himself registered on the certificates of title for land belonging to Ntwane Zijjangampewo's estate, where Antonio Musoke had been registered as administrator. The first defendant then began dealing with the estate land, prompting the plaintiffs to file suit.

Issues

1. Whether the suit land forms part of the estate of the late Ntwane Zijjangampewo.
2. Whether the 1st defendant is an administrator of the estate of the late Ntwane Zijjangampewo.
3. Whether the registration of the 1st defendant on the certificates of title for the suit land was fraudulently and unlawfully done.
4. Whether the 1st defendant's dealing in the suit land are lawful.
5. What remedies are available to the parties?

Orders

• Declaration that the plaintiffs are entitled to a share in the estate of the late Ntwane Zijjangampewo.
• Declaration that the registration of the 1st defendant on the certificates of title comprising the suit land was wrongful and unlawful.
• The Registrar of Titles is directed to cancel all certificates of title created out of Ntwane Zijjangampewo's estate that are currently registered in the names of the 1st defendant.
• The plaintiffs are awarded UGX 60,000,000 in general damages.
• Permanent injunction restraining the 1st defendant, his agents, assignees and successors in title from intermeddling, selling, alienating or in any other way dealing in the suit property.
• The plaintiffs are awarded costs of the suit.

Rules and key headnotes

Legislation cited (5)

• Evidence Act s.101
• Registration of Titles Act Cap.230 s.59
• Registration of Titles Act Cap.230 s.134
• Registration of Titles Act Cap.230 s.177
• Succession Act s.180

Cases cited (4)

• Sheikh Ali Ssenyonga & Others v Sheikh Hussein Rajab Kakooza & Others (Supreme Court Criminal Appeal No. 09 of 1990)
• Father Narsensio Begumisa & Others v Eric Tibebaga (Supreme Court Civil Appeal No. 17 of 2002)
• Annet Namirimu Ndaula v Rev. Aloni Mulondo & 2 Others (High Court Civil Suit No. 27 of 2011)
• Uganda Commercial Bank v Kigozi (2002) 1 EA 305

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.

• Acor Mary and Another vs Apuda William (High Court Miscellaneous Application No. 2 of 2022)

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