Wassaja and Another v Kemirembe and Another (Civil Suit 320 of 2021)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

Held that administrators who failed to file an inventory within six months as required by Section 278 of the Succession Act and who failed to distribute the estate to beneficiaries for seven years had wilfully omitted to perform their statutory duties. The first defendant's occupation of a rental unit bequeathed to the plaintiffs' mother constituted mismanagement of the estate. Letters of administration were revoked and the administrators ordered to hand over the plaintiffs' share with immediate effect and refund rental income collected.

Outcome

Letters of administration revoked; defendants ordered to hand over plaintiffs' share of estate with vacant possession and refund rental income; permanent injunction issued

Facts

Najjuma Elizabeth died in January 2001 leaving a will that bequeathed her residential house to the first defendant, one rental unit to Esther Namuyomba (plaintiffs' mother), another rental unit to Sarah Kizza, and undeveloped land to Joyce Birabwa. The defendants were granted letters of administration with will annexed on 26 October 2017. The first defendant occupied the residential house bequeathed to her and rented it out. She then took over both rental units, joined them into one house, and resided there. The plaintiffs, as children of the late Esther Namuyomba, sought their mother's share of the estate. The defendants failed to file an inventory within six months as required by law and failed to distribute the estate for seven years. The first defendant paid the first plaintiff rent for only three months despite occupying the plaintiffs' rental unit since 2017.

Issues

1. Whether the defendants have wilfully and without reasonable cause omitted to distribute the estate of the late Najjuma Elizabeth and exhibit an inventory or account in accordance with the law.
2. Whether the plaintiffs received their share of the estate of the late Najjuma and if not, why?
3. Whether the defendants mismanaged the estate of the late Najjuma Elizabeth?
4. What remedies are available to the parties?

Orders

• The defendants are hereby ordered to hand over to the plaintiffs, the share bequeathed to Esther Namuyomba out of the estate of the late Najjuma Elizabeth with immediate effect.
• The defendants will distribute the estate of the late Najjuma Elizabeth among the beneficiaries and file in court a comprehensive and true statement of account dealings.
• The 1st defendant is hereby ordered to immediately hand over to the plaintiffs, vacant possession of the rental unit bequeathed to Esther Namuyomba.
• The 1st defendant shall refund to the plaintiffs' rental income arising out of their rental unit from the time of her occupancy until the date she hands over.
• The Letters of Administration granted to the defendants by this court are hereby revoked.
• The revoked Letters of Administration should be returned to this Court within 2 weeks from the date of this judgement (17/8/2023).
• A permanent injunction is hereby issued restraining the defendants from interfering and intermeddling with the estate of the late Najjuma Elizabeth.
• Costs awarded to the Plaintiffs.

Rules and key headnotes

Legislation cited (8)

• Succession Act Cap 162 s.2(a)
• Succession Act Cap 162 s.278
• Succession Act Cap 162 s.278(1)
• Succession Act Cap 162 s.234(2)(e)
• Evidence Act Cap 6 s.101
• Evidence Act Cap 6 s.102
• Evidence Act Cap 6 s.103
• Constitution of Uganda Article 126(2)(b)

Cases cited (1)

• Anecho Haruna Musa v Twalib Noah and Others (High Court Civil Suit No. 009 of 2009)

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