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22 Oct 2024

Family And Children [2024] UGHCFD 86

Makumbi v Nabatanzi & Nabatanzi & 3 Others v Nakiburara & 2 Others

Makumbi v Nabatanzi & Nabatanzi & 3 Others v Nakiburara & 2 Others (Civil Suit Nos. 84 &15 of 2021) [2024] UGHCFD 86 (22 October 2024)

Court: HC: Family Division (Uganda)
Case number: Civil Suit Nos. 84 &15 of 2021
Judge: Keitirima, J

The court found that the plaintiff, Ethel Makumbi, though legally married to the late Patrick Makumbi, had been separated from him for over twenty-five years and was thus not entitled to benefit from his estate under Section 30 of the Succession Act. The purported customary marriage between the deceased and Nabatanzi Maureen was void due to the subsistence of the earlier church marriage. The court held that the will left by the deceased was valid, as it was written in his own hand and there was no evidence of forgery or fraud, despite procedural irregularities in attestation. The rightful ben…

Source excerpt

Succession
Wills And Probate
Letters Of Administration
Marital Status Disputes
Beneficiary Entitlement

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27 Jul 2023

Family And Children [2023] UGHCFD 143

Namubiru and Another v Birungi and 3 Others

Namubiru and Another v Birungi and 3 Others (Civil Suit 7 of 2019) [2023] UGHCFD 143 (27 July 2023)

Court: HC: Family Division (Uganda)
Case number: Civil Suit 7 of 2019
Judge: Nagawa, J

The court found that the 4th defendant, as a customary heir, was only entitled to 1% of the estate of the late Fred Wamala Nsimbi and not to the entire estate or specific properties. The plaintiffs and their sister were entitled to their respective shares as bequeathed by their grandfather, the late Paul H. K Wandera Mubiru, including 0.75 acres from Kyadondo Block 236 Plot 132 at Bweyogerere. The 1st defendant's registration as sole proprietor of Bugerere Block 12 Plot 9 was contrary to the will, which required equal sharing among the beneficiaries, and the title should be cancelled and redi…