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Masiisa v Mitala (FAMILY MTSC APPLICATION NO.13 OF 2021) [2023] UGHC 501 (6 November 2023)
- Citation
- [2023] UGHC 501
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Nabakooza, J
- Case number
- FAMILY MTSC APPLICATION NO.13 OF 2021
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Nabakooza, J
- Case number
- FAMILY MTSC APPLICATION NO.13 OF 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application for letters of administration was dismissed because it arose from Administration Cause No.35/2018, which had already been dismissed. The Succession Act provides a clear procedure for contentious applications, requiring them to proceed as regular suits under the Civil Procedure Rules. The applicant failed to comply with these statutory requirements, and the absence of an affidavit of service further undermined the application. The court found that no valid application could be entertained once the originating cause had been dismissed, and there was no basis for granting the orders sought.
Court disposition
application dismissed
Orders
- Miscellaneous Application No.13/2021 is dismissed.
- No order as to costs.
02
Material facts
Parties
Anthony A. Kiwanuka Masiisa
Applicant Counsel: Katabalwa FrancisEmmanuel B. K. Mumira
RespondentGreat grandchildren of late Bintanula Augustine Mitala
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether the applicant is entitled to letters of administration for the estate of the late Bintanula Augustine Mitala.
- 02
Whether Miscellaneous Application No.13/2021 can arise from Administration Cause No.35/2018 after its dismissal.
- 03
Whether the application complied with the procedural requirements under the Succession Act.
Party arguments
- Applicant
- The applicant, as nephew and heir of the deceased, sought letters of administration, referencing a Will and prior caveat lodged in Administration Cause No.35/2018. He relied on Article 126(2) of the Constitution, section 14 of the Judicature Act, and section 98 of the Civil Procedure Act, arguing for the court's discretion to grant the application.
- Respondent
- The respondents did not file a suit as ordered and were absent during several hearings. There is no affidavit of service on record, and no substantive arguments from the respondents are documented.
05
Court’s reasoning
Legal principles
- 01
Section 265, Succession Act Cap 162
When an application for letters of administration becomes contentious, it must take the form of a regular suit under the Civil Procedure Rules.
- 02
Section 14(c), Judicature Act
The High Court has unlimited jurisdiction where no express laws or rules apply, but express statutory provisions must be followed where they exist.
- 03
Terry Kaggwa and others v Namugenga Millian Kayaga and Andrew Ssonko, Civil Suit No.104 of 2016
Dismissal of the originating cause precludes subsequent applications arising from it.
06
Ratio, limits and disposition
Ratio decidendi
The application for letters of administration was dismissed because it arose from Administration Cause No.35/2018, which had already been dismissed. The Succession Act provides a clear procedure for contentious applications, requiring them to proceed as regular suits under the Civil Procedure Rules. The applicant failed to comply with these statutory requirements, and the absence of an affidavit of service further undermined the application. The court found that no valid application could be entertained once the originating cause had been dismissed, and there was no basis for granting the orders sought.
Obiter and limits
- The record lacks an affidavit of service despite a court directive to serve the respondents.
- The affidavit mentions a Will, but no copy or English translation was attached to the application.
Court disposition
application dismissed
- Miscellaneous Application No.13/2021 is dismissed.
- No order as to costs.
Source and reliance status
High Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OlF. UGANDA AT MPIGI FAMILY MTSC APPLICATION NO.13 OF 2O2L
ARISING FROM ADMINISTRATION CAUSE NO 35 OF 2018
IN THE MATTER OF THE ESTATE OF LATE BINTANULA AUGUSTINE MTTALA FORMERLY OF BULUNDA VILLAGE, BULUNDA PARISH, BIIWAMA SUB-COUNTY, MAWOKOTA COUNTY, MPIGI DISTRICT.
IN THE MATTER OF AN APPLICATION FOR LETTER OF ADMINISTRATION BY ANTHONEY A. KIWANUKA MASIISA (NEPHEW AND HEIR OF. AUGUSTINE BINTANULA MITALA)
RULLING BEFORE
JUSTICE NABAKOOZA FLAVIA K.
This is an application for letters of administration by Anthony Kiwanuka Masiisa Nephew and heir of the late Augustin Bintanula Mitala.
This Miscellaneous Appiication No.l3l2021 was filed on 30 l9 /2021
arising out of Administration Cause No.35/2018. o The application was brought under Article 126(2) of the Constitution of Uganda 1995, s. 14 Judicature Act cap 13 and S.98 C. P. A cap 71.
The applicant and Emmanuel B. K. Mumira a grand nephew of late Bintanula Augustine Mitala lodged caveats in Administration Cause No.35/2018 on 14th May and 21-05-2018 respectively.
The Court ordered the petitioners in Administration No 35 who are the great grandchildren of late Bintanula to file a suit on 23 /9 l2O2O within 14 days after the above mentioned caveats were lodged. They were given several adjournments but failed to file a suit untii their
0 B NoV 2023
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application was dismissed, under 0.17 R.4 Civil Procedure Rules on $13/11/2020$ by the trial Judge.
The current application before me was then filed on $30/9/2021$ . This application was adjourned on several occasions, sometimes in absence of all parties or in the presence of Counsel Katabalwa Francis for the Applicant but in absence of the Respondents.
On 9/5/2022 Court directed Counsel Katabalwa Francis to serve the Respondents. It's worth noting that the record has no affidavit of service of this application to the Respondents even after the above court directive to serve.
Be that as it may, this Application was brought under Article 126(2) of 1995 Constitution S.14 Judicature Act and S.98 of the Civil Procedure Act, it should be noted that this is an application for grant letter of Administration to parties who had lodge a caveat in Admin. Cause No.35/2018.
There is a clear procedure in the Succession Act Cap 162 for applying for Letter of administration or Probate. In S.265 of Cap 162 this Act when the application in question becomes in contentious, then it takes the form of a regular suit according to the provisions of the law relating to Civil procedure.
$S.14(c)$ of Judicature Act provides for the unlimited jurisdiction of the High Court were no express laws or rules applicable.
In this Application the express law in the succession Act exists and these statutory provisions in sections S.255 and S.265 of cap 162 the procedure was articulated by Justice Michael Elubu in the case of Terry Kaggwa and others V Namugenga Millian Kayaga and Andrew Ssonko Civil Suit N.104 of 2016.
In addition, the Application before me was filed a year later arising out of Administration Cause No.35 of 2018 which was already dismissed on $13/11/2020$ .
The accompanying affidavit to this application mentions a Will which was not attached and the letters mentioning the contents of the Will are attached with no English translated versions of the same.
Finally, since Admin. Cause No.35/2018 was dismissed in 2020 the Miscellaneous Application No.13/2021 could not arise out of an already dismissed Administration Cause.
Therefore, Misc. Application No.13/2021 is accordingly dismissed. I Make no orders to costs.
Dated at Mpigi this ....................................
Nabakooza Flavia K. JUDGE
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