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Uganda decisions
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Karugaba and 2 Others v Kabalisa and Anor (Civil Appeal 17 of 2020) [2024] UGHC 263 (29 April 2024)
The High Court dismissed an appeal over whether a deceased father had distributed his estate inter vivos or left a valid will. The court upheld intestate succession.
Kyomuhendo and 4 Others v Musinguzi and Another (Civil Suit 41 of 2021) [2023] UGHC 141 (31 March 2023)
The High Court found the deceased’s purported will was forged, declared it invalid, held that he died intestate, and ordered intestate estate administration.
Senyonga & Another v Matovu (Civil Suit 256 of 2017) [2022] UGHCFD 40 (21 October 2022)
The court found that the Defendant failed to prove the existence or validity of any will left by the late Kagugube Kabbo Yovani. The purported wills presented were inconsistent, lacked proper attestation, and did not comply with statutory requirements for documents written for illiterates. The contradictions among the Defendant's witnesses and the suspicious circumstances surrounding the presentation and witnessing of the documents further undermined their credibility. The Plaintiffs, as direct lineal descendants, were lawfully nominated and appointed to apply for letters of administration, a…
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John Ntanda Masanyalaze v Rita Nanono & 4 Ors (Civil Appeal No. 86 of 2008) [2010] UGCA 34 (25 August 2010)
The Court of Appeal dismissed an appeal over a disputed will, holding that the deceased died intestate because the alleged will lacked valid attestation.
Wakf Commisioner of the Colony and Protectorate of Kenya v Nahdi (Civil Appeal No. 67 of 1950) [1951] EACA 86 (1 January 1951)
The court held that, although Mahommedan law in certain circumstances recognizes separate ownership of house and land, the express provisions of the Land Titles Ordinance, which defines immovable property to include land and things attached to the earth, oust Mahommedan law in this context. The certificate of ownership is conclusive as to both land and buildings, and the absence of any memorandum to the contrary means the house cannot be disposed of separately from the land. The testatrix's intention to create a Wakf over the house alone, without the land, is therefore invalid under the statu…
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