Uganda Case Law

Tinkibasa v Tukahirwa & Another

Tinkibasa v Tukahirwa & Another (Miscellaneous Application 7 of 2023) [2024] UGHC 839 (5 September 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 7 of 2023

Judge

Emokor, J

The court found that the Applicant's averments were unchallenged and therefore deemed admitted, including the facts that the Respondents are biological children of the deceased, are in occupation of the suit land, and have not taken steps to obtain Letters of Administration. The court applied Section 218 of the Succession Act, which permits the grant of limited administration for the purpose of representing a deceased party in litigation when the person entitled to administration is unwilling or unable to act. The court also relied on the principle that unchallenged affidavit evidence is pres…

Source excerpt

• Letters Of Administration
• Representation Of Deceased Estate
• Ad Litem Appointment
• Appeals Procedure

Kanyamwenge v Muhumuza

Kanyamwenge v Muhumuza (Miscellaneous Application No. 52 of 2018) [2020] UGHC 39 (17 February 2020)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 52 of 2018

Judge

Gadenya, J

The High Court of Uganda refused a request for limited letters of administration because the applicant did not show who was entitled or unwilling to act for the deceased’s estate.

• Letters Of Administration
• Succession Act Section 222
• Representation Of Deceased Estate
• Pending Suit Procedure
• Letters-of-administration
• Succession-act-section-222

Balikuddembe & Ors v Kiwalabye & Ors

Balikuddembe & Ors v Kiwalabye & Ors (Miscellaneous Cause No 11 of 2015) [2015] UGHCFD 36 (27 October 2015)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Cause No 11 of 2015

Judge

Tuhaise, J

The court found that the applicants had demonstrated the necessity for the appointment of the respondents as administrators limited to representing the estate of Gertrude Nambooze in the pending suit. The respondents were properly nominated by the family, had applied for letters of administration, and there was no certificate of no objection from the Administrator General. Section 222 of the Succession Act empowers the court to grant such limited letters of administration where the person entitled is unable or unwilling to act, and section 98 of the Civil Procedure Act allows the court to mak…

Source excerpt

• Letters Of Administration
• Representation Of Deceased Estate
• Pending Suit Procedure