Uganda Case Law

Yafesi Tegiike v Wakafutuli (H.C.C.A No. 1 of 1993)

Yafesi Tegiike v Wakafutuli (H.C.C.A No. 1 of 1993) [1995] UGHCLD 2 (29 November 1995)

Court

HC: Land Division (Uganda)

Case number

H.C.C.A No. 1 of 1993

Judge

Kato, J

The appeal was dismissed because the evidence established that the land in dispute was lawfully given to Aliyinza by her husband Zindu, and she subsequently transferred it to her grandson, the respondent. The Chief Magistrate correctly found that the clan had no right to interfere with the widow's property rights, and the appellant, as heir, did not have authority to reclaim property lawfully transferred. The appellate court found no error in the evaluation of evidence or in the procedural conduct of the Chief Magistrate, including the admission of additional evidence and translation issues.…

Source excerpt

• Succession Rights
• Customary Land Transfer
• Powers Of Administrator
• Clan Rights In Land
• Appellate Review
• Evidence Evaluation

In Re: of an Application by Ebrahimji Gulamhusein Anjarwala as an Administrator of the Estate of Hussenabai Musajee; In Re: of Civil Procedure Rules 1927 Order XXXIV

In Re: of an Application by Ebrahimji Gulamhusein Anjarwala as an Administrator of the Estate of Hussenabai Musajee; In Re: of Civil Procedure Rules 1927 Order XXXIV (Civil Case No. 247 of 1946 (O.S.)) [1946] EACA 77 (1 January 1946)

Court

East African Court of Appeal

Case number

Civil Case No. 247 of 1946 (O.S.)

Judge

Horne J

The Court held that an administrator is a trustee for sale, but still needs prior court permission under section 90 of the Probate and Administration Act to sell immovable property.

• Administration Of Estates
• Powers Of Administrator
• Trustee For Sale
• Court Permission For Sale
• Administration-of-estates
• Trusts-and-trustees