Uganda Case Law

Prince David Wasajja & 2 Others ( Administrators of the Estate of the Sir Edward Mutesa) v Kasasa & Another

Prince David Wasajja & 2 Others ( Administrators of the Estate of the Sir Edward Mutesa) v Kasasa & Another (Civil Appeal 1 of 2024) [2025] UGSC 14 (27 March 2025)

Court

Supreme Court of Uganda

Case number

Civil Appeal 1 of 2024

Judge

Tuhaise, JSC, Mike Chibita, JSC, Madrama , JSC, Catherine Bamugemereire, JSC, Monica K. Mugenyi, JSC

The Supreme Court held that the express wishes of the testator as set out in clause 4.4 of the will must be respected in decision-making regarding the estate. The will requires that decisions be made by the heiress and any two other executors or executrixes, and this direction overrides the general rule that executors act jointly. The Court distinguished the precedent in Silver Byaruhanga v Emmanuel Ruvugwaho & Another, noting that its requirement for joint action among executors applies specifically to land conveyancing under the Registration of Titles Act, not to general estate administrati…

Source excerpt

• Estate Administration
• Succession Act Interpretation
• Will Construction
• Executor Powers
• Appellate Mediation

Makubuya & 4 Others v Bugaya & 4 Others (Originating Summons 16 of 2024)

Makubuya & 4 Others v Bugaya & 4 Others (Originating Summons 16 of 2024) [2024] UGHCFD 73 (28 August 2024)

Court

HC: Family Division (Uganda)

Case number

Originating Summons 16 of 2024

Judge

Echookit, J

The High Court allowed executors of an estate to proceed by originating summons, order a survey of disputed land, and seek further directions on sale subject to beneficiary consent.

• Administration Of Estates
• Executor Powers
• Beneficiary Consent
• Sale Of Estate Property
• Succession Act Procedure
• Administration-of-estates

Byamukama & Anor Vs Rwomwiju

Byamukama & Anor Vs Rwomwiju (CIVIL SUIT No. 514 OF 2001) [2001] UGHCCD 2 (5 November 2001)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT No. 514 OF 2001

Judge

Musoke-Kibuuka, J

The High Court held that one executor could validly sell estate property under section 274 of the Succession Act and ordered registration of the buyer as proprietor.

• Transfer Of Property
• Succession And Estates
• Specific Performance
• Innocent Purchaser
• Executor Powers
• Executor-powers

Byamukama & anoer v Rwomiju

Byamukama & anoer v Rwomiju (Civil Suit No. 514 of 2001) [2001] UGHC 93 (5 November 2001)

Court

High Court of Uganda

Case number

Civil Suit No. 514 of 2001

The High Court upheld a sale of estate property by one executor and ordered registration of the purchaser, holding the co-executrix could not block the transfer.

• Succession Of Estates
• Transfer Of Property
• Executor Powers
• Specific Performance
• Succession-of-estates
• Executor-powers

Byamukama & Another v Rwomwiju

Byamukama & Another v Rwomwiju (Civil Suit 514 of 2001) [2001] UGHC 114 (5 November 2001)

Court

High Court of Uganda

Case number

Civil Suit 514 of 2001

Judge

Musoke-Kibuuka, J

The High Court held that a co-executrix who had left estate administration to the other executor could not block a sale, and ordered registration of the purchaser.

• Transfer Of Title
• Executor Powers
• Specific Performance
• Innocent Purchaser
• Succession Estate Administration
• Executor-powers