Musisi & 2 Others v Kikulwe & Another
Musisi & 2 Others v Kikulwe & Another (Miscellaneous Application 775 of 2024) [2024] UGHCLD 158 (12 June 2024)
The court found that the consent judgement in Civil Suit No.796 of 2007 was entered into without the involvement and authority of all co-administrators of the estate of the late Kimbugwe Erieza, specifically excluding the 1st applicant. Under Section 272 of the Succession Act and relevant case law, all co-administrators must act jointly in transactions affecting the estate. The absence of joint action renders the consent judgement void. The court further held that parties to a suit must all be involved in any consent settlement, and exclusion of any party vitiates the consent. The applicants…
Source excerpt
- Review Of Consent Judgement
- Administration Of Estates
- Co Administrator Joint Action
- Right To Be Heard
- Fraud And Collusion
- Setting Aside Judgement