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Nassali & 5 Others v Lukwago (Civil Suit 185 of 2022) [2024] UGHCFD 61 (8 October 2024)
The High Court held that the disputed land formed part of the late James Kiggundu’s estate and that sale proceeds had to be shared among all fourteen children.
Vicent Tamukedde v Serunjogi (High Court Civil Suit No. 85 of 1995) (High Court Civil Suit No. 85 of 1995) [2002] UGHC 36 (29 October 2002)
The appeal succeeded because neither Mwebe nor the appellant had legal authority to sell or transfer the disputed land without a grant of probate or letters of administration for the estate of Yokana Lugwana. The trial magistrate erred in law by enforcing a sale and ordering transfer of land based on customary succession and clan authority, which are no longer recognized for intestate succession. The Succession Act requires formal administration of estates, and without such grant, no beneficiary can establish a right to the property. The purported sale by Mwebe was null and void, and the appe…
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