Womeraka Fred and Others v Mukasa Charles Walugembe and Another (Civil Suit No. 111 of 2016)

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

The High Court held that the 1st defendant fraudulently obtained letters of probate by relying on a forged will and concealing that he was not the sole beneficiary. The will was invalid: the signature was forged as confirmed by handwriting expert evidence, only one attesting witness appeared (whereas two are required), and that witness's evidence was inadmissible under the Illiterates Protection Act. The court further held that land comprised in Kyadondo Block 209 Plot 5 at Bwaise remained part of the estate because the alleged gift inter vivos was never completed by registration during the deceased's lifetime. The probate was revoked and the 1st defendant ordered to file accounts.

Outcome

Probate revoked; 1st defendant ordered to file accounts; property declared part of estate; costs to plaintiffs

Facts

The plaintiffs, beneficiaries of the estate of the late Serubiri Robert who died on 10 September 2014, sued the 1st defendant (their sibling) alleging he fraudulently obtained letters of probate using a forged will. The plaintiffs had lodged a caveat on 5 March 2015, but probate was granted to the 1st defendant on 10 March 2015. The 1st defendant represented himself as the sole beneficiary in the probate petition. The plaintiffs challenged the validity of the will and claimed that land at Kyadondo Block 209 Plot 5 Bwaise formed part of the estate. The 1st defendant contended the will was genuine and that the Bwaise land had been given to him as a gift inter vivos before the deceased's death, though it was never transferred into his name. A handwriting expert testified that the signature on the will was forged. One attesting witness testified but his evidence was found inadmissible under the Illiterates Protection Act.

Issues

1. Whether the 1st Defendant obtained letters of probate to the estate of the late Serubiri Robert fraudulently.
2. Whether the property comprised in Kyadondo Block 209 Plot 5 at Bwaise forms part of the estate of the deceased.
3. Whether the 2nd Defendant owes compensation to the plaintiffs in respect of the loss of business on land comprised in Kyadondo Block 209 Plot 5 at Bwaise.
4. What remedies are available to the parties.

Orders

• Letters of Probate issued to the 1st defendant in respect of the estate of the late Serubiri Robert vide Administration Cause No. 58 of 2015 are hereby revoked.
• Mukasa Charles Walugembe is hereby ordered to file an account for the estate of the late Serubiri Robert from the date he acquired the letters of probate until the date of this judgment.
• The Commissioner Registration is hereby ordered to cancel the names of Walugembe Mukasa Charles as owner from Kyadondo Block 209 Plot 5 land at Bwaise and register Serubiri Robert as the proprietor of the same.
• Land comprised in Kyadondo Block 209 Plot 5 at Bwaise still forms part of the estate of the late Serubiri Robert.
• The 1st defendant shall pay the costs of this suit to the plaintiffs.

Rules and key headnotes

Legislation cited (15)

• Succession Act s.20
• Succession Act s.47
• Succession Act s.253
• Succession Act s.255
• Evidence Act s.101
• Evidence Act s.102
• Evidence Act s.103
• Evidence Act s.114
• Evidence Act s.133
• Registration of Titles Act s.54
• Registration of Titles Act s.56
• Illiterates Protection Act s.1
• Illiterates Protection Act s.2
• Illiterates Protection Act s.3
• Judicature Act (Administration of Estate) Rules 2, 3 and 4

Cases cited (24)

• Jovelyn Barugahare v Attorney General (Supreme Court Civil Appeal No. 28 of 1993)
• Kampala Bottlers Ltd v Damanico (U) Limited (Supreme Court Civil Appeal No. 22 of 1992)
• Ntuulo Ediisa & 2 Ors v Alice Nakazi
• Struggle (U) Limited v Pan African Insurance Co. Ltd (1990) KALR 46-47
• Kasule v Makerere University (1975) HCB 376
• Fredrick Zaabwe v Orient Bank & Others (Supreme Court Civil Appeal No. 4 of 2006)
• Cyprian Rwaheru & 3 Ors v Rwambale Kadhiri (High Court Civil Suit No. 74 of 2019)
• In re Estate of Samuel NgugiMbugua (Deceased) [2017] eKLR
• Elizabeth Kamene Ndolovs George MatataNdolo Nairobi Court of Appeal civil appeal number 128 of 1995
• Jesse Karaya Gatimu Mary Wanjiku Githinji [2014] eKLR
• Beatrice Asire Mallinga v Jonathan Obukunyang Malinga (High Court Civil Suit No. 13 of 2013)
• Souza v Sharma (Civil Appeal No. 339 of 1952) [1953] EACA 4 (1 January 1953)
• Uganda v. Bosco Okello [1992-93] HCB 68
• Administrator General v Bukirwa & Anor (1992-1993) HCB 192
• Chao & Ors (Trading as Zung Fu Co. V British Traders & Shippers Ltd (N. V. Handelsmaatschappij J. Smiths Import-Export Third Party) (1954) 1 ALL ER 776
• Sheik Mawanda Abdul Jabbar Iddris & Another v Kobil Uganda Ltd (Civil Suit No. 350 of 2008)
• Administration General V Teddy Bukirwa and Another 1992-1993 HCB 192
• Shosho Simon v Nimrod Waniala & 3 Ors (Civil Appeal No. 224 of 2014)
• Abdalla Faraj v A.R. Odimbe & Co Advocates (High Court Civil Suit No. 962 of 1986)
• Kasaala Growers Co-operative Society v Kakooza and Another (Supreme Court Civil Appeal No. 19 of 2010)
• Stanbic Bank Uganda Ltd v Ssenyonjo Moses & Anor (Court of Appeal Civil Appeal No. 147 of 2015)
• Joy Mukoba v Wambuwu (High Court Civil Appeal No. 55 of 2005)
• Arthur Ssajjabi v Catherine Namutebi Muyizzi & Anor (Court of Appeal Civil Appeal No. 25 of 2017)
• Kalimba v The Registrar of Titles & Anor (High Court Civil Suit No. 20 of 2024)

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.

• Womeraka and 7 Others v Mukasa (Miscellaneous Application 424 of 2023)

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