Kiika v Coffee Marketing Board (Civil Suit 395 of 1988) [1992] UGHC 57 (26 November 1992)

the Herm. Mr. Justice gonds-sterde THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KA! ALA

CIVIL SUIT NO. 395 OF 1988

PAUL KIIKA DECREE HOLDER/APPLICANT $\ldots \ldots$

VERSUS

CCFFEE MARKETING BOARD . . . . . . . . . . . . . . . . . . . . JUDGMENT DEBTOR.

A N D

ADMINISTRATOR GENERAL ........................ BESPONDENT. BEFORE:- The Honourable Mr. Justice J. W. N. Tsekooko

ORDER

On 4th August, 1992 I had given judgment in favour of the decree holder/applicant. Two beneficiaries of the judgment are infants namely Kasamba and Nalugo, both children of the late Kajura whose death through a motor Traffic accident engendered the suit.

I had directed that a sum of Shs. 5,925,000/ $\pm$ to be shared equally between the two children should be paid to the Public Trustee to be administered by the Public Trustee on behalf of those two children.

The applicant subsequently instituted a Notice of Motion under S. 101 of Civil Procedure Act seeking for Orders to vary my directions so that the money is paid to him with conditions to safeguard proper administration of the money. I have hesitatingly allowed prosecution of the application under Section 101 of Civil Procedure Act. Mr. Nshimye counsel for the applicant submitted in offect that it is tumbersome to the beneficiaries for the money to be administered by the Public Trustee. One reason is that the money will not generate reasonable interest as compared to the same money being deposited on a fixed deposit in U. C. B. Another reason is that it is expensive for the children and or their guardian to make a number of journeys to the Public Trustee whenever need arises $\frac{1}{2}$ for the money. $\mathcal{A}^{\mathcal{A}}$

Mr. Zigira who appeared for Administrator General (Public Trustee) did not oppose the application. He said, though, that money deposited with the Public Trustee generates interest e.g. through purchase of Treasury bills. He said nothing about the cumbersomeness of administering the money save that currently the Administrator General (Public Trustee) is overburdened with many similar estates. He agreed that if safeguards were given, the money should be administered by the applicant.

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This application: illustrates some problems experienced in the administration of estates for infants. Currently the two infants are under the custody of the applicant who is their grand father, Their mother deserted them soon after the death of her husband, the father of the children. The applicant is now in his late 60's. If I may be permitted to say so, it is only God who knows how long he will live hereafter. And yet the fears expressed in the application about excessive expenditure on transport and the with the like before money is released by the Public Trustee eannot be brushed aside lightly.

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As the application is not opposed by the Public Trustee and since the applicant has so far demonstrated to be the only person capable of looking after the interests of the two kids. $\mathcal{M}(\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{M},\mathcal{$ I grant the application. I therefore vary my judgment as sollows:-

- (a) The amount now due to the two children should be paid to the applicant Paul Kiika. - (b) The same should be deposted at Uganda Commercial Bank. Mityana Branch, on a deposit account and be operated for the benefit of the two children particularly their education maintenance and other concommittant matters. If there is a possibility of investing the money in as Commercial building in a suitable area, that should be considered. - (c) In case there will arise need to vary these Orders on to seek further court guidence, the applicant or the children or any of the children shall be at liberty to seek directions from this court in as much as this court is vested with powers to control guardians and estates of infants: S.9 of Judicators Act, 1967.

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I make no order as to costs.

J. W. N. TSEKOOKO

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JUDGE $26/11/1992.$

$26/11/1992.$ Applicant present.

Mr. Nshimye for applicant.

Respondent absent.

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Ssensonga court clerk.

Court: Order delivered.

J. W. N. TSEKOOKO JUDGE

$26/11/1992.$