Wakilii

Walugembe Charles and Another v Natalia Nandawula and Others (Civil Suit No. 79 of 2019)

High Court · [2024] UGHC 1311 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declarations relating to estate administration and ownership of kibanja land
Decision
Declarations granted in favour of plaintiffs; defendants restrained from dealing in the estate of the Late Nakuya Marcerina; registration of land under defendants' names ordered cancelled

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiffs proved on the balance of probabilities that the disputed kibanja belonged to the Late Nakuya Marcerina and formed part of her estate. The defendants, who were not administrators of Nakuya's estate, illegally intermeddled by distributing and registering portions of her land under the estate of the Late Matovu John. Their distributions and registration were void ab initio insofar as they included land forming part of Nakuya's estate. Judgment entered for the plaintiffs with declarations and permanent injunction issued, but no damages awarded given the familial nature of the dispute.

Outcome

Declarations granted in favour of plaintiffs; defendants restrained from dealing in the estate of the Late Nakuya Marcerina; registration of land under defendants' names ordered cancelled

Facts

The plaintiffs, as administrators of the estate of the Late Nakuya Marcerina (who died in 1982), sued the defendants claiming that the defendants illegally intermeddled in a kibanja at Kalagala-Kiteredde, Masaka Municipality belonging to the deceased. The plaintiffs claimed Nakuya obtained the kibanja from Pokino and lived there until relocating the upper part to her son Ganafa (father of the 2nd defendant) when he married in 1949, after which she moved to the lower part where she built a house. The defendants claimed the kibanja was given to Ganafa by Buganda Kingdom in appreciation of his World War 2 service and that Nakuya only visited but never owned the land. After Ganafa's death, the 1st and 2nd defendants obtained letters of administration to his estate in 2014, distributed the entire kibanja amongst themselves, registered portions with Buganda Land Board, and sold parts to third parties. The plaintiffs obtained an injunction but the defendants continued dealing in the land. Evidence at trial, including cross-examination of the defendants' witnesses, confirmed Nakuya lived on the lower part of the kibanja in her own house.

Issues

  1. Whether the suit land forms part of the estate of the Late Nakuya Marcerina?
  2. Whether the Defendants have committed any fraud or illegalities in respect to the suit land?
  3. What remedies are available to the parties?

Orders

  • Judgment entered in favour of the Plaintiffs and against the Defendants.
  • Declaration that the Defendants are not the Administrators of the estate of the Late Nakuya Marcerina.
  • Declaration that the Defendants illegally and fraudulently intermeddled in the suit kibanja situate at Kalagala-Kiteredde Lcl Butego Parish, Katwe Butego - Masaka Municipality belonging to the Late Nakuya Marcerina.
  • Order for cancellation of registration of land belonging to the estate of the Late Nakuya Marcerina illegally registered by the Defendants.
  • Permanent injunction restraining the Defendants from further purported administration, intermeddling and dealing in the estate of the Late Nakuya Marcerina.
  • Each party to bear its own costs of the suit.

Rules and key headnotes

Estate Administration — Authority of Administrators — Intermeddling in Estate Property
The estate of a deceased person devolves upon his or her administrator, and only the administrator has authority to deal in the estate of a deceased intestate. Distributions of estate property by persons who are not the lawfully appointed administrators are void ab initio.
Burden of Proof — Civil Matters — Balance of Probabilities
In civil matters, the plaintiff who desires the court to give judgment on any legal right or liability must prove the facts upon which that right or liability depends. The burden lies with the plaintiff to furnish evidence whose level of probity is such that a reasonable person might hold more probable the conclusion which the plaintiff contends, on a balance of probabilities.
Preliminary Objections — Fair Hearing — Notice Requirement
A preliminary objection raised for the first time in written submissions in reply, without proof of service on the opposing party, infringes the right to a fair hearing enshrined in Article 28 of the Constitution. The right to a fair hearing includes the right to be notified of any claim against you so that you have an opportunity to respond to the same in a timely manner.
Limitation of Actions — Estate Claims — Accrual of Right
Section 20 of the Limitation Act, which bars claims to personal estate after twelve years from accrual of the right to receive a share, does not apply where the beneficiaries' right to obtain a share did not accrue until the estate was brought under administration. Where relatives use estate land communally without formal subdivisions and distributions, the limitation period does not begin to run against one group of beneficiaries until another group purports to exclude them by obtaining letters of administration and distributing the estate.
Kibanja Interests — Ownership — Corroboration from Adverse Party's Witness
Where a defendant's own witness confirms under cross-examination that the plaintiff's deceased ancestor lived on the disputed kibanja in her own house, this evidence corroborates the plaintiff's case and contradicts the defendant's pleaded narrative that the ancestor merely made visits and had no interest in the land.
Intermeddling in Estate — Registration of Estate Property — Effect on Third Parties
An application to Buganda Land Board to create a leasehold interest over land that still forms part of a deceased person's estate, made by persons who are not administrators of that estate, is illegal and void ab initio insofar as it includes estate property. A certificate of no objection obtained in respect of one deceased person's estate does not confer powers to deal in the estate property of another deceased person.
Remedies — Family Disputes — Costs — Constitutional Duty to Promote Reconciliation
Where a civil suit is largely a family matter between relatives, the court may exercise its discretion under section 27 of the Civil Procedure Act to order that each party bear its own costs, in furtherance of the constitutional duty under Article 126 to promote reconciliation among parties.

Legislation cited (7)

Cases cited (4)

  • George William Kakoma v Attorney General [2010] HCB 1
  • Sebuliba v Cooperative Bank Ltd [1982] HCB 130
  • Oketha v Attorney General (Civil Suit No. 69 of 2004)
  • Muluta Joseph v Katama Sylvano (Civil Appeal No. 11 of 1999)

Full judgment

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

Walugembe Charles and Another v Natalia Nandawula and Others (Civil Suit No. 79 of 2019) [2024] UGHC 1311 (8 October 2024)
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.