Uganda Case Law

Nalumansi v Kasande & 2 Ors

Nalumansi v Kasande & 2 Ors [2019] UGSC 14 (17 January 2019)

Court

Supreme Court of Uganda

The Supreme Court held that while the slip rule (Rule 35) does not permit correction of errors arising from the court's interpretation of the law, the court retains inherent powers under Rule 2(2) to review its orders in the interests of justice. The court found that the applicant was the lawful widow of the deceased and that the omission to expressly declare her as such in the final orders was an error that could be rectified under its inherent powers. The court also clarified that, despite previous findings regarding separation under Section 30 of the Succession Act, the applicant's legal s…

Source excerpt

• Succession Act Interpretation
• Widow Entitlement
• Letters Of Administration
• Slip Rule Review

Nalumansi v Kasande & 2 Ors

Nalumansi v Kasande & 2 Ors (Civil Application 29 of 2017) [2019] UGSC 2 (17 January 2019)

Court

Supreme Court of Uganda

Case number

Civil Application 29 of 2017

Judge

Katureebe, CJ, Arach-Amoko, JSC, Mwangusya, JSC, Buteera, JSC, Nshiimye Ag Jsc

The Supreme Court partly allowed a review application, refusing slip-rule correction but amending its order under inherent powers to recognize the applicant as widow with an interest in the estate.

• Succession Act Interpretation
• Widow Entitlement
• Letters Of Administration
• Slip Rule Review
• Slip-rule-review
• Succession-law

Lucy Monica Akulu v Mwa Michael Alias Kilega (H/C Administration Cause No. MG. 10/1990)

Lucy Monica Akulu v Mwa Michael Alias Kilega (H/C Administration Cause No. MG. 10/1990) [1991] UGHC 72 (12 June 1991)

Court

High Court of Uganda

Case number

H/C Administration Cause No. MG. 10/1990

Judges

GM OKELLO, J

The High Court granted letters of administration of an intestate estate jointly to the widow and the deceased’s brother, rejecting objections based on youth, custom, and alleged bias.

• Letters Of Administration
• Succession Act
• Customary Law Marriage
• Widow Entitlement
• Letters-of-administration
• Intestate-succession

Nyendwoha v Nyendwoha & Another

Nyendwoha v Nyendwoha & Another (Civil Suit 1068 of 1983) [1989] UGHC 1 (15 June 1989)

Court

High Court of Uganda

Case number

Civil Suit 1068 of 1983

Judges

Byamugisha, j

The court found that the plaintiff was not legally separated from her late husband within the meaning of Section 31(1) of the Succession Act. Mere physical separation did not constitute legal separation, and the evidence showed the matrimonial relationship had not ceased. The burden of proof for separation lay with the defendants, who failed to discharge it. The plaintiff, as the lawful widow, was entitled to administer the estate under Section 201 of the Succession Act. The Letters of Administration granted to the defendants were obtained through false allegations regarding separation and ki…

Source excerpt

• Letters Of Administration
• Revocation Of Grant
• Widow Entitlement
• Succession Act Interpretation
• Estate Management