QUESTION ONE

Magutu, a prominent business man died on the 10th day of February 2018 at Mulago Hospital.
His relatives are fighting over the property that he left. It is reported that Magutu left a
commercial building in the city centre worth billions of shillings, a residential house at
Munyonyo, a fleet of cars and bank accounts with equity Bank and Barclays Bank. He was
survived by his wife, Mrs Magutu and two sons both aged 10 years. Mrs Magutu is confused and
does not know what to do.
You are a legal assistant at Kaye and Advocates and your senior partner has instructed you to
advise Mrs. Magutu on the remedy and procedure she has in order to deal and protect her late
husband’s estate.
Brief facts
Magutu died on the 10th day of February 2018 at Mulago Hospital and his relatives are fighting
over the property that he left. It is reported that he left a commercial building in the city Centre
worth billions of shillings, a residential house at Munyonyo, a fleet of cars and bank accounts
with Equity Bank and Barclays Bank. He was survived by his wife and two sons both aged 10
years, Mrs. Magutu is confused and does not know what to do.

Issues
1. Does Mrs. Maguta have any remedy
2. What is the procedure for Mrs. Magutu to deal and protect her late husband’s estate.

Law Applicable
The Succession Amendment Act
Case laws

Resolution
Issue 1: Does Mrs. Maguta have any remedy

QUESTION TWO
Jane Kayanja borrowed money against the Kasanga house. She requested her son Tom, who was
one of the beneficiaries in the will, to resign his job and manage her business. She promised that
Tom would receive the Kasanga property as consideration for his services.
In 19998 Jane Kayanja made a codicil reducing John Kiika’s shares to 40%. The codicil also had
a condition Janes’s children to bury her in a house with her husband, Kiika. She left the 10%
portion deducted from John Kiika to her first ‘grandchild’ yet to be born, in the interim, the
property should be kept by Tom.
In the meantime, John Kiika has also mortgaged his house in Makere to a tume of Ushs 150
Million. John Kiika also wrotw a letter to his lawyer, George Ndeka to draft a new will which
includes his latest girlfriend, Rita. However,Ndeka is interested in buying the same property and
being negotiating with Kiika, in the process, both Kiika and Jane died in a car accident before the
will is amended.
The family finds John Kiika’s 1992 will and codicil intact, however the mutual will has lines
drawn across it with the handwritten words, to be revoked by the new will.
Tina Mulemebe returns to claim her Maakerere House, Goretti and Fiona argue that the doctrine
of election applies to Tom. Advise the family on all legal issues involved.