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Uganda decisions
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Kyayangwa and 4 Others v Beinomugisha (HCT-05-CV-CS-0197-2007) [2012] UGHC 441 (19 July 2012)
The High Court upheld a disputed will, found no proof of forgery or fraud, and held that property not covered by the will falls to intestacy rules.
James Ruteete & another v Fiona Mbabazi & 2 oers (Admin.Cause No. 50 of 1997) [2001] UGHC 97 (22 February 2001)
The court found that the deceased, Yosia Bamuhena, left a valid will, properly executed and attested in accordance with the Succession Act. The evidence of the plaintiffs' witnesses, including the attesting witnesses and the advocate who prepared the will, was credible and established both the testamentary capacity of the deceased and the proper execution of the will. The discrepancies and omissions identified by the defendants were not material and did not undermine the validity of the will. The court rejected the testimony of the defendants as lacking credibility and motivated by self-inter…
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Ruteete & Another v Mbabazi & 2 Others (Administration Cause 50 of 1997) [2001] UGHC 113 (19 February 2001)
The High Court of Uganda upheld a will, found testamentary capacity and proper execution, vacated a caveat, and granted probate to the named executors.
Nsubuga and 2 other v Nsubuga and 3 Others (Civil Suit No. 1081 of 1988) [1990] UGHC 47 (9 May 1990)
The court found that the will of the late Bishop Dunstan Kasi Nsubuga was validly executed in accordance with the requirements of the Succession Act. The evidence established that the testator was of sound mind at the time of making the will, understood the nature of his act, the extent of his property, and the persons who were the objects of his bounty. The minor discrepancies in dates and details were not sufficient to invalidate the will, as they did not affect the testator's capacity or intention. The court accepted the testimony of the attesting witnesses and found no credible evidence t…
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Keatinge v Salim and Others (C.C. 8/1930 (Msa.).) [1930] EACA 74 (1 January 1930)
The court upheld the will of a deceased Muslim testator, but held the oral codicil invalid for lack of two witnesses and no heirs’ approval.
Rev. James Kyamukama and Anor v Catherine Zaribwede and Anor (HCT-oo-CV-CS-1144 of 1997) [1997] UGHC 1 (2 January 1997)
The court found that although the Will (Exhibit P1) appeared to be executed in accordance with the formal requirements of the Succession Act, the evidence established that the deceased, Charles Zaribwende, was of unsound mind at the time of execution due to illness, as corroborated by medical testimony and family witnesses. The burden of proof was discharged by the defendants, showing that the deceased was incapable of knowing what he was doing on the material date. Consequently, the Will was declared invalid, and the purported appointment of executors and entitlement to probate failed. The c…
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