Uganda Case Law

Prince David Wasajja & 2 Others ( Administrators of the Estate of the Sir Edward Mutesa) v Kasasa & Another

Prince David Wasajja & 2 Others ( Administrators of the Estate of the Sir Edward Mutesa) v Kasasa & Another (Civil Appeal 1 of 2024) [2025] UGSC 14 (27 March 2025)

Court

Supreme Court of Uganda

Case number

Civil Appeal 1 of 2024

Judge

Tuhaise, JSC, Mike Chibita, JSC, Madrama , JSC, Catherine Bamugemereire, JSC, Monica K. Mugenyi, JSC

The Supreme Court held that the express wishes of the testator as set out in clause 4.4 of the will must be respected in decision-making regarding the estate. The will requires that decisions be made by the heiress and any two other executors or executrixes, and this direction overrides the general rule that executors act jointly. The Court distinguished the precedent in Silver Byaruhanga v Emmanuel Ruvugwaho & Another, noting that its requirement for joint action among executors applies specifically to land conveyancing under the Registration of Titles Act, not to general estate administrati…

Source excerpt

• Estate Administration
• Succession Act Interpretation
• Will Construction
• Executor Powers
• Appellate Mediation

Begum v Din and Another

Begum v Din and Another (Civil Appeal No, 16 of 1951) [1951] EACA 102 (1 January 1951)

Court

East African Court of Appeal

Case number

Civil Appeal No, 16 of 1951

Judges

Nihill P, Pearson, Ag. C.J. (Uganda), Worley VP

Court of Appeal construed a partly written, partly oral Mohammedan will and held the adopted daughter was not within “other relations”; the brother was excluded from that class.

• Will Construction
• Mohammedan Succession
• Adopted Children Rights
• Intestate Distribution
• Will-construction
• Mohammedan-succession

Kaplan and Another v Leibbrandt and Another

Kaplan and Another v Leibbrandt and Another (Civil Case No. 82 of 1941 consolidated with Civil Case .No. 84' of 1941,) [1942] EACA 9 (1 January 1942)

Court

East African Court of Appeal

Case number

Civil Case No. 82 of 1941 consolidated with Civil Case .No. 84' of 1941,

Judge

Hayden J

Clause 5 of the testator's will, though abbreviated, is materially similar to the clause in re Fish Bennett v. Bennett (1893) 2 Ch. 413, and expressly authorizes the solicitor trustee to charge for professional and non-professional acts, including those which a trustee could have done personally. The Registrar's limitation of allowable costs to professional charges only was incorrect. The court distinguishes Chalinder v. Herington (1907) 1 Ch. 58, noting that the present clause contains the necessary words to permit such charges. The matter is referred back to the Registrar for reconsideratio…

Source excerpt

• Trustee Costs
• Solicitor Trustee Charges
• Probate Administration
• Will Construction

Public Trustee of the Colony and Protectorate of Kenya v Ussher and Another

Public Trustee of the Colony and Protectorate of Kenya v Ussher and Another (Civil Case No. 84 of 1942. O.S.) [1942] EACA 12 (1 January 1942)

Court

East African Court of Appeal

Case number

Civil Case No. 84 of 1942. O.S.

Judge

Sheridan CJ

Construction of a will’s tax-free annuity clause: the estate was liable for UK and Kenya income tax, but not Irish Free State tax arising after the annuitant moved abroad.

• Will Construction
• Annuities
• Income Tax Liability
• Estate Duties
• Change Of Domicile
• Will-construction

Raper v Murton and Others

Raper v Murton and Others (Civil Case No. 92 of 1938 O.S.) [1938] EACA 186 (1 January 1938)

Court

East African Court of Appeal

Case number

Civil Case No. 92 of 1938 O.S.

On the true construction of clause 4(d) of the will, the daughters (third defendants) take as joint tenants, not tenants in common, as the context of the will does not indicate any intention to divide the property. The trust of the residuary estate and its income in favour of the second defendant is subject to the trusts of one moiety of the net annual income in favour of the first and third defendants, as declared in clause 4(d). The effect of sub-clauses (f) and (g) of clause 4 is to constitute the second defendant as sole trustee of the residuary estate upon attaining the age of twenty-fiv…

Source excerpt

• Will Construction
• Trusts
• Vested Vs Contingent Interest
• Joint Tenancy
• Estate Administration