Uganda Case Law

Zena Shaban and 4 Others v Kezaabu and Others

Zena Shaban and 4 Others v Kezaabu and Others (Miscellaneous Application 29 of 2024) [2024] UGHC 401 (31 May 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 29 of 2024

Judge

Wagona, J

The court found that the applicants, as alleged beneficiaries of the estate of the late Fadhul Shaban and persons in possession or use of the disputed land, have a sufficient and direct interest in the subject matter of Civil Suit No. 18 of 2022. Their exclusion from the proceedings would prejudice their rights and could result in multiplicity of suits. The court held that the presence of the applicants is necessary for the complete and effectual adjudication of all questions relating to the estate, including the validity of the will, the appointment of administrators, and the distribution of…

Source excerpt

• Joinder Of Parties
• Estate Administration
• Beneficiary Rights
• Validity Of Wills

Karugaba and 2 Others v Kabalisa and Anor

Karugaba and 2 Others v Kabalisa and Anor (Civil Appeal 17 of 2020) [2024] UGHC 263 (29 April 2024)

Court

High Court of Uganda

Case number

Civil Appeal 17 of 2020

Judge

Mugabo, J

The High Court dismissed an appeal over whether a deceased father had distributed his estate inter vivos or left a valid will. The court upheld intestate succession.

• Succession On Intestacy
• Letters Of Administration
• Burden Of Proof
• Gifts Inter Vivos
• Validity Of Wills
• Succession-law

Kiiza v Irumba and Another (HCT-00-LD-CA 6 of 2019)

Kiiza v Irumba and Another (HCT-00-LD-CA 6 of 2019) [2023] UGHCCD 254 (31 August 2023)

Court

HC: Civil Division (Uganda)

Case number

HCT-00-LD-CA 6 of 2019

Judge

Wagona, J

The High Court dismissed a land appeal, holding that the alleged will was invalid for lack of attestation and that the disputed land remained part of the deceased’s estate.

• Succession Disputes
• Validity Of Wills
• Beneficiary Rights
• Burden Of Proof
• Succession-disputes
• Validity-of-wills

Kasirye and 2 Others v Simanya and 4 Others

Kasirye and 2 Others v Simanya and 4 Others (Civil Suit 168 of 2014) [2023] UGHCFD 77 (13 March 2023)

Court

HC: Family Division (Uganda)

Case number

Civil Suit 168 of 2014

Judge

Katunguka Kitariisibwa, J

The High Court upheld a 2011 will of Martin Luther Kasirye, confirmed probate for the named executors, and found no proved fraud in a lease renewal and transfer dispute.

• Probate And Administration
• Validity Of Wills
• Lease Renewal
• Property Transfer
• Fraud Allegations
• Inventory And Accounting

Lutwama and Another v Nabanja

Lutwama and Another v Nabanja (Civil Appeal No. 53 of 2020) [2022] UGHCLD 150 (8 August 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 53 of 2020

Judge

Nkonge, J

The High Court found that the appellants failed to prove on a balance of probabilities that they had any lawful interest in the disputed kibanja at Masanafu. The evidence showed that Nanfuka Efrance had occupied and utilized the portion of land since 1989, having received it as a gift from her grandfather Yusufu Mukasa. The sale to the respondent was supported by a valid agreement and corroborated by witnesses. The purported will and minutes relied upon by the appellants were found invalid and unauthenticated, and there was no clear evidence of distribution of Kibuuka's estate or letters of a…

Source excerpt

• Customary Tenure
• Succession And Inheritance
• Validity Of Wills
• Administration Of Estates
• Bonafide Purchaser
• Land Gifts

Bukenya v Nabukeera

Bukenya v Nabukeera (Civil Appeal No. 115 of 2019) [2021] UGHCLD 23 (11 February 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 115 of 2019

Judge

Kawesa, J

The High Court allowed a land appeal, set aside the magistrate’s judgment, and held the appellant had a better claim to the suit land.

• Ownership Of Kibanja
• Gifts Inter Vivos
• Lawful And Bonafide Occupant
• Validity Of Wills
• Estate Distribution
• Evidence Evaluation

Muchokocho & 3 Ors v The Administratrix of the Estate of the Late Yusuf Muchokocho & 3 Ors (HCT – 01 – LD – CA – 0026 OF 2016)

Muchokocho & 3 Ors v The Administratrix of the Estate of the Late Yusuf Muchokocho & 3 Ors (HCT – 01 – LD – CA – 0026 OF 2016) [2017] UGHCLD 227 (20 September 2017)

Court

HC: Land Division (Uganda)

Case number

HCT – 01 – LD – CA – 0026 OF 2016

Judge

Ojok, J

The High Court dismissed an appeal over estate land, holding there was no proven gift inter vivos or valid will, and that sale of estate property without letters of administration was intermeddling.

• Succession And Administration Of Estates
• Intermeddling With Estate Property
• Gifts Inter Vivos
• Validity Of Wills
• Distribution Of Estate
• Eviction Orders

Naresh Kara v Bhatia

Naresh Kara v Bhatia (Civil Suit 425 of 1994) [1996] UGHCFD 1 (12 March 1996)

Court

HC: Family Division (Uganda)

Case number

Civil Suit 425 of 1994

Judge

Lugayizi, J

The High Court of Uganda held that the deceased was domiciled in India, so probate had first to be obtained and resealed there; the Ugandan suit and counterclaim were dismissed.

• Probate And Administration
• Validity Of Wills
• Domicile Of Deceased
• Jurisdiction Of Court
• Probate-and-administration
• Validity-of-wills

Kara v Bhatia

Kara v Bhatia (Civil Suit 425 of 1993) [1996] UGHC 55 (12 February 1996)

Court

High Court of Uganda

Case number

Civil Suit 425 of 1993

Judge

Lugayizi, J

The High Court of Uganda dismissed a probate-related suit because the deceased was domiciled in India and no Indian probate had first been obtained.

• Probate And Administration
• Validity Of Wills
• Domicile Of Deceased
• Estate Distribution
• Probate-and-administration
• Validity-of-wills

Nyakana v Nyakana

Nyakana v Nyakana (Civil Suit 84 of 1989) [1991] UGHC 24 (15 February 1991)

Court

High Court of Uganda

Case number

Civil Suit 84 of 1989

Judge

Mukanza, J

The High Court upheld the validity of a 1985 will, removed the defendant’s caveat, and granted probate to the appointed executors, excluding a minor executor.

• Probate And Administration
• Validity Of Wills
• Removal Of Caveat
• Appointment Of Executors
• Probate-and-administration
• Validity-of-wills