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Murungi v Kasigwa & Another (Civil Suit 10 of 1993) [1993] UGHC 87 (28 October 1993)
- Citation
- [1993] UGHC 87
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Tabaro, J
- Case number
- Civil Suit 10 of 1993
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Tabaro, J
- Case number
- Civil Suit 10 of 1993
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
By consent of both parties, the court revoked the previous grant of letters of administration and appointed Moses Murungi Nkojo and Joyce Kembabazi as joint administrators of the estate of the late Atenyi Knight Nicojo. The court further ordered that a full account and inventory of the estate property be made to the new administrators and furnished to the court, ensuring transparency and proper management of the estate. Costs were ordered to be paid from the estate.
Court disposition
consent_judgment_entered
Orders
- Letters of Administration for the Estate of the late Atenyi Knight Nicojo are granted to Moses Murungi Nkojo and Joyce Kembabazi for joint administration.
- The letters of administration previously granted jointly to Michael Kasigwa and Joyce Kembabazi in Administration Cause No. DR. MFP 19/1989 are revoked.
- A full account and inventory of the property involved in the estate prior to this consent judgment shall be made to the new administrators and thereafter furnished to court.
- Costs shall be paid from the estate.
02
Material facts
Parties
Moses Murungi Nkojo
Applicant Counsel: Mr. MugambaJoyce Kembabazi
Applicant Counsel: Mr. MugambaMichael Kasigwa
Respondent Counsel: Mr. Musana03
Procedural history
Posture
Civil Suit / Consent Judgment
04
Questions and positions
Legal issues
- 01
Whether the letters of administration previously granted should be revoked and new administrators appointed.
- 02
Whether a full account and inventory of the estate property should be furnished to the new administrators and to the court.
Party arguments
- Applicant
- The applicants sought revocation of the previous grant of letters of administration and appointment of new administrators, arguing that proper administration required joint management and transparency regarding the estate of the late Atenyi Knight Nicojo.
- Respondent
- The respondent, through counsel, consented to the revocation and appointment of new administrators, agreeing to the terms set out for estate accounting and inventory.
05
Court’s reasoning
Legal principles
- 01
Succession Act, Cap 162
Letters of administration may be revoked and new administrators appointed by consent of parties and order of court where it is in the interest of proper estate management.
- 02
Succession Act, Cap 162
Administrators are required to render a full account and inventory of estate property to the court.
06
Ratio, limits and disposition
Ratio decidendi
By consent of both parties, the court revoked the previous grant of letters of administration and appointed Moses Murungi Nkojo and Joyce Kembabazi as joint administrators of the estate of the late Atenyi Knight Nicojo. The court further ordered that a full account and inventory of the estate property be made to the new administrators and furnished to the court, ensuring transparency and proper management of the estate. Costs were ordered to be paid from the estate.
Court disposition
consent_judgment_entered
- Letters of Administration for the Estate of the late Atenyi Knight Nicojo are granted to Moses Murungi Nkojo and Joyce Kembabazi for joint administration.
- The letters of administration previously granted jointly to Michael Kasigwa and Joyce Kembabazi in Administration Cause No. DR. MFP 19/1989 are revoked.
- A full account and inventory of the property involved in the estate prior to this consent judgment shall be made to the new administrators and thereafter furnished to court.
- Costs shall be paid from the estate.
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 OF UGANDA AT FOR CIVIL SUIT NO, DR, MET IO OF <sup>1993</sup> \* —VERSUS— ' *&09* ) w .... WRUNGI BKOJO
I. MICHAEL KASIGWA DEFENDANT.
2. JOYCE KSMBABAZI
r
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^^j^hejtonoura^ MR. JUSTICE J. P. M., . TABARO.
CONSENT JUDGMENT.
5/11/1993:- By consent of both counsel for the parties judgment is entered in the following terms
- 1. Letters of Administration for the Estate of the late Atenyi Knight Nico jo are hereby granted to Moses Murungi Nkojo and Joyce Kembabazi for joint administration thereof. - 2.. The letters of Adm.inistra.tion previously granted jointly to TTicheal Kasigwa and Joyce Kembabazi in Administration Cause No. DR. MFP 19/1989 to the estate of the late Atenyi Knigjnt Niro jo re hereby revoked. - 3. A full account and inventory of the property involved in the estate prior to this consent judgment shall be made to the new administrators and thereafter shall be furnished to Court.
..../2
Costs shall be paid from the estate. 4. $\mathcal{L}$ TABARO) ( J. P. $M_{\bullet}$ $Sgd.$ / RESIDENT JUDGE.
Mr. Mugamba for the plaintiff. Mr. Musana for the defendant.
$\overline{2}$
TABARO ) $\delta$ . P. M. $s_{sd}$
RISIDINT JUDGE. $28/10/1993.$
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