In Re: Estate Kasimu Musoke (H.C.Miscellaneous Application No. 34 of 2020) [2021] UGHC 12 (4 February 2021)

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT JINJA MISCELLENOUS APPLICATION NO. 034 OF 2020 [ARISING FROM ADMINISTRATION CAUSE NO. 057 Of 2013)

IN THE MATTER OF AN APPLICATION WITH RESPEC TO THE ESTATE OF THE LATE KASIMU MUSOKE TO RECTIFY THE NAME INDICATED IN THE GRANT

RULING BEFORE: HON. LADY JUSTICE EVA K. LUSWATA

Background and brief facts

The applicants Sentamu Twaha, Nantume Fatuma and Hessien Mukwaya through their counsel Tebusweke Mayinja, Okello & Co., Advocates, presented this *ex parte* application by motion. They are seeking an order of court to rectify the name of MUSOKE NAKAZADE KASIM (hereinafter the deceased) entered into the grant of Letters of Administration vide Administration Cause No. 57/2013 issued on 18/6/2013.

The brief grounds of the application are that the grant was issued in the names of "MUS0KE NAKAZADE KASIM" yet the middle name "NAKAZADE" was added by mistake under the mistaken belief that it was also the deceased's official name, which is not the case. That the Registrar, Mukono land zonal office rejected the application to enter the applicants as administrators on the Certificate of Title in respect of the deceased's property known as Kyaggwe MRV 464 Folio 16 Block 83, land at Kasayi, Mukono District (hereinafter referred to as the estate property), because the deceased's name reflected in the grant is different from that entered on the certificate of title of the estate property. That the Registrar has requested for another grant to be presented.

In his affidavit in support of the application filed on 18/11/2020, Hessein Musoke substantially supported the above grounds and in addition, deposed that the applicants are the administrators of the deceased's estate. He continued that the deceased's official name is "KASIM MUSOKE" which he used on all his official documents including the above certificate of title. That "NAKAZADE" was a nick name the deceased had used which over the years subdued his official name. That the administrators added the name Nakazade by mistake to their application for Letters of Administration. Further that the rejection of their application for registration as administrators had made effective administration of the deceased's estate difficult.

Hessein Musoke also filed a supplementary affidavit on 8/1/2020. He deposed in addition that the applicant's instructions to their counsel was for them to assist the administrators to pursue administration for all the deceased's properties including the estate property. That that particular property was not included in the list of properties in the petition, which was an omission/error by the lawyers and not for suspect reasons. That the duplicate certificate of title for that land went missing, and a rectification of the grant is necessary to enable the applicants to process a special certificate of title.

Several documents were filed in support of the application. The petition for letters of administration under Administration Cause No. 57/2013 was made in respect of the estate of KASIM MUSOKE NAKAZADE and the grant was issued on 18/6/2013 by my sister Judge Anglin Senoga, in those three names. It is true that the estate property was omitted from the list of the deceased's properties. I note however that the applicant and his colleagues presented the petition themselves and not through lawyers. Thus his averment (in paragraph 4 of his supplementary affidavit) that his lawyers inadvertently left out the estate property is not correct. I would thus move to sever that particular paragraph as being false.

The above notwithstanding, the applicants presented a photo copy of the original copy (white page) of the estate property which indicates KASIMU MUSOKE as proprietor (with other co-owners). The applicant also provided a death certificate (issued on 22/4/2013) showing that the deceased formerly of Nama Sub County, was known as KASIMU MUSOKE. It has been explained that the name "NAKAZADE" was a nickname the deceased used, apparently often enough for it to have subsumed, or been added to his formal names.

I am prepared to assume that Judge Senoga Anglin made the grant after satisfying herself of the antecedents of the petitioners and their entitlement to administration. Reasons have been advanced explaining the addition of the name "NAKAZADE" which does not appear on the estate property. I am satisfied that "MUSOKE NAKAZADE KASIM" and "KASIM MUSOKE", are one and the same person, the latter being the deceased's official name.

This Court has powers under Section 232 of the Succession Act to correct any errors in names and descriptions of deceased. I am satisfied that this application would qualify for such an intervention by the Court. The application is thereby granted as prayed. I thereby issue an order of this Court for the grant made in respect of Administration Cause No. 57/2013 issued on 18/6/201, to be rectified. The name "MUSOKE NAKAZADE KASIM" shall be replaced by the deceased's true name of KASIMU MUSOKE". An amended grant of Letters of Administration shall issue thereby.

The applicant shall meet the costs of this application.

Signed

………………………

Eva K. Luswata Judge 4/02/2021