FAMILY LAW PRACTICE

FIRM E7 WORKSHOP 2
TASK A
BRIEF FACTS.
Seraphine Atimango passed away intestate on October 21, 2023, in a car accident. She was married
to Linus Simon Adriko, but he had left her in 2015 to live with the maid and only returned for her
burial. Linus Simon Adriko submitted an application for a certificate of no objection to the
Administrator General, claiming to be the widower. Seraphine left behind property, children, and
dependent relatives. Her children are Santa Adriko (30), Suzette Adriko (15), Simon Adriko (12),
and Lilian Anzo (4), whose father is June Ojule Oting. She also adopted Jonathan Ringtho (14).
Dependent relatives include Simon Kaggwa and Nina Kaggwa, as well as grandparents with health
issues. The properties include four residential houses in Ssonde Namugongo, a mixed farm in Lira,
a bungalow in Biina Mutongo, a commuter taxi, and land in Lira with developments. She also had
savings in Housing Finance Bank. Santa Adriko discovers that Lilian's father has sold the
commuter taxi and engaged property brokers to sell land in Namugongo.
LEGAL ISSUES.
1. What property constitutes the estates of the deceased?
2. Who qualifies as beneficiaries to the estate?
3. What are the rights of the beneficiaries?
4. What procedure should the Beneficiaries follow in order to lawfully manage the property
of the deceased?
5. What is the additional information is needed to obtain the letters of Administrations?

LAWS APPLICABLE.
1) The Succession Act, Cap. 162 as amended.
2) The Administration of Estates Act 156
3) Case law.
4) Black’s Law Dictionary, 8th Edition

RESOLUTIONS
ISSUE 1. What properties constitute the estates of the deceased?
According to Blacks law dictionary 8th edition, defines AN ESTATE “as an interest that one
person has in land or any other subject or property”.
In case of James Katende and Anor Vs Dan Byamukama Administration cause no. 2 of 1992;
it was held that a testator should dispose off property or interest belonging to him or her at the time
of his or her death. This means it must be registered in his name and has legal interest in it.
There two types of properties that can constitute an estate namely.
1. Movable.
2. Immovable property.
Section 2(m) of the succession Act defines immovable property includes land, incorporeal
tenements and things attached to the earth or permanently fastened to things attached to the earth.
Therefore, her immovable properties are;
1. Four residential houses on an acre of land at Ssonde Namugongo in Wakiso District
2. A bungalow at Biina Mutungo, Kampala City
3. A mixed farm on land in Lira District
Movable properties include;
Section 2(p) of the succession Act defines movable property to mean property of every
description except immovable property.
1. A commuter Taxi UCC 991A
2. Money on her savings Accounts.

ISSUE 2. Who qualifies as beneficiaries to the estate?

Black’s Law Dictionary 8 TH Edition defines beneficiary as a person designated to receive
something as a result of a legal document such as a will. The beneficiary in this instant case
includes;
The children.
Section 2(b) of the succession Act as Amended defines a child as an issue and lineal descendant
in these facts at hand they are Santa Adriko aged 30 years, Suzette Adriko aged 15 years, Simon
Adriko aged 12 years.
Dependent relatives
Section 1 (g) of the Succession Act as amended defines dependent relative to mean a parent, a
brother or a sister, a niece or nephew, a grandparent or grandchild who, on the date of the
deceased’s death, was wholly dependent on the deceased for the provision of the ordinary
necessities of life suitable to a person of his or her station. In the facts at hand they includes;
Jonathan Ringtho aged 14 years, Lillian Anzo aged 4 years, Simon Kaggwa aged 15 years and
Nina Kaggwa aged 12 years and Mary Joy Mulungi aged 10 years.
ISSUE 3: What are the rights of the beneficiaries?
Right of maintenance as section 37 of succession Act as Amended provides that a testator shall
make reasonable provision for the maintenance of his spouse, linear descendants and dependent
relatives. And section 38 of the Succession act as amended empowers court to order for
maintenance if it’s not provided for in the will.
Right to Information: Beneficiaries are entitled to receive information about the terms of the will,
the estate's assets in relation to the property of the deceased just as Section 278 and 279 of the
Succession Act as Amended which provides for inventory and account and property of the
deceased respectively.
Right to a share of the property, section 28 (i) of succession Act as amended is to the effect that
all lineal descendants, spouses and dependent relatives of an inteste shall share their proportion of
a deceased intestate’s property referred to in section 27(1), in equal share. However as far as the
spouses are concerned, Article 31(2) of the 1995 Constitution of The Republic Of Uganda is to
the effect that the parliament shall make appropriate laws for the protection of the rights of widows
and widowers to inherit the property of their deceased spouses and to enjoy parental rights of their
children.
Right to Challenge in Courts of law: Beneficiaries may have the right to challenge the validity
of the will or specific provisions within it if they believe there are grounds for doing so, such as
lack of testamentary capacity or undue influence, unfair execution of the will
Right to Executor’s Duty: Beneficiaries have the right to expect the executor or administrator to
fulfill their duties responsibly and in accordance with the law as stipulated in part 33 of the
succession Act: powers of an Executor and part 34 of the same act that provides for duties of an
executor
Issue 4: What procedure should the Beneficiaries follow in order to lawfully manage the
property of the deceased?
The procedure to be used is grant of letters of Administration
Letters of administration are legal documents that grant a person or persons the authority to manage
and distribute the estate of someone who died without a will or without appointing an executor.
The letters of administration are issued by a competent court after the applicant has obtained a
certificate of no objection from the Administrator General’s office and has advertised the notice
of the petition in a local newspaper or the gazette for at least 14 days. The letters of administration
are subject to the law of intestacy in Uganda, which determines the order of priority and the share
of the beneficiaries of the deceased’s estate.
Issue 5: What are the additional information and evidence necessary to obtain from santa in
order to advise her on a(ii) above?
• Certificate of title for the respective land to confirm ownership and ascertain whether it
forms part of the estate
 • Log book for the taxi to confirm its ownership
• Trace the details of the bank account
• Receipts for rent payment of the bungalow at Biina Mutungo, Kampala City Kibuga block
230 plot 185 to ascertain whether it forms part of the estate
• Details of land at Lira with developments to show his ownership
• Tenancy agreement to establish the validity of the tenancy
• Marriage certificate to prove validity of the marriage
• Adoption order to confirm whether Jonathan Ringtho is a dependent relative
• Dependent relatives’ medical bills evidence to show whether she was a dependent
• National identification card for the deceased to prove citizenship
• Death certificate of the deceased for proof of death
• National identification card for Santa Adriko for application for letters of administration
and to ascertain citizenship
• Guardianship order for Mary Joy Mulungi to prove that she is a dependent relative

Issue What are the necessary required legal documents?

PETITION
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(FAMILY DIVISION)
ADMINISTRATION CAUSE NO: _____ OF 2024
IN THE MATTER OF THE ESTATE OF THE LATE SERAPHINE ATIMANGO
(DECEASED)
AND
IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY
SANTO ADRIKO (DAUGHTER)
PETITION

The Humble Petition of SANTO ADRIKO (daughter) showeth:

1. That your humble petitioner is an adult female Ugandan of sound mind whose address for
purposes of this petition shall be MS Firm E7 & co Advocates located at Lira Barapwo.
2. That the late SERAPHINE ATIMONG (herein referred to as the deceased) died intestate
on the 21st -10- 2023 from a car accident (a copy of death certificate from NIRA) is hereby
attached and marked ‘A’.
3. That the deceased was survived with 4 biological children, one adopted child, 2 dependent
relatives, her both parents and also was a guardian to Mary Joy Mulungi whose parents are
not known.
4. The following are the children and dependent persons that relied on the deceased
SERAPHINE ATIMONG.
a) Children.
NAME
1) Santa Adriko (Aged 30)
2) Suzette Adriko (Aged 15)
3) Simon Adriko (Aged 12)
4) Lillian Anzo (Aged 4)
5) Jonathan Ringtho (adopted), (Aged 14)
b) Dependent relatives
1) Simon Kaggwa (Aged 15 years)
 2) Nina Kaggwa (Aged 12 years)
3) Mary Joy Mulungi (guardian)(10 years)
4) Her both parents (father and mother).
5. That the deceased left behind the following movable and immovable properties in Uganda.
a) Immovable properties
1) Four residential houses sitting on one acre of land at Ssonde
Namugongo Wakiso District known as Kyadondo Block 186, Plot 123.
2) A mixed farm on land in Lira district registered as FRV 766 Folio 18
Plot 15 Block 5 at Adeker.
3) A bungalow at Biina Mutungo Kampala City Kibuga Block 230 Plot
185
b) Movable properties
1) Commuter taxi reg no. UCC 991 A
2) Savings of 90.000.000/= in housing finance bank in lira branch.
3) Savings of 25.000.000/= in housing finance bank Mukono branch.
6. That the deceased’s entire estate is estimated to be over 1.000.000.000/= (one billion).
7. That the deceased at the time of her death had a fixed place of abode in Ssonde Namugongo
in Wakiso district which is within the jurisdiction of this honorable court.
8. That the petitioner in the foregoing petition hereby declare that what is stated herein is true
and correct to the best of my knowledge and belief.
Declared at Kampala this ………………………… day of ……………………. 2024 by
the said petitioner Santo Adriko (daughter).
………………………………………………..
PETITIONER

VERIFICATION
I, SANTA ADRIKO, the petition in the above petition, declare that what is stated in it is true to
the best of my knowledge.
BEFORE ME;

………………………………………………
MAGISTRATE/COMMISSIONER FOR OATHS
NOTICE OF APPLICATION.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA

HELD AT KAMPALA (FAMILY DIVISION)

ADMINISTRATION CAUSE NO: ………………………. OF 2024

IN THE MATTER OF THE ESTATE OF THE LATE SERAPHINE ATIMANGO

(DECEASED) AND IN THE MATTER OF AN APPLICATION FOR LETTERS OF
ADMINISTRATION BY SANTO ADRIKO (DAUGHTER)

NOTICE OF APPLICATION

TAKE NOTICE that an application for letters of probate to the estate of the late SERAPHINE
ATIMANGO (deceased) has been made to this court by SANTO ADRIKO (daughter).
This Court will proceed to grant the same if no caveat is lodged with this Honorable court within
a period of seven 7 days from the date of publication of this NOTICE unless cause is shown to the
contrary.

DATED at KAMPALA this 11 th day of February, 2024

………………………………………………

DEPUTY REGISTRAR
ADMINISTRATION BOND
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(FAMILY DIVISION)
ADMINISTRATION CAUSE NO: ………………………. OF 2024
IN THE MATTER OF THE ESTATE OF THE LATE SERAPHINE ATIMANGO
(DECEASED)
AND
IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY
SANTO ADRIKO (DAUGHTER).
ADMINISTRATION BOND
KNOW all men by these present that SANTO ADRIKO do hereby bind myself unto the High
Court of Uganda holden at Kampala in the sum of UGX. 3,000,000 to be paid to the said High
Court for the time being for payment of which they bind themselves firmly by these presents.

SIGNED and DATED at Mubende this 11 th day of February, 2024

….……………………….
SANTA ADRIKO
APPLICANT

Issue 5: What is the procedure and practice of obtaining the Letters of Administration?

In Uganda, obtaining Letters of Administration involves several steps and procedures. Here's a
detailed outline of the process:
Obtaining the Death Certificate from NIRA (National Identification and Registration
Authority):
The first step in the process is obtaining the death certificate of the deceased from NIRA.
The death certificate serves as official documentation of the death, which is required for legal and
administrative purposes.
Identifying the Beneficiaries and Interested Parties:
Once the death certificate is obtained, the next step involves identifying all beneficiaries and
interested parties related to the deceased's estate.
Beneficiaries may include spouses, children, adopted children, and dependent relatives, among
others.
Convening a Meeting of Beneficiaries:
A meeting of all beneficiaries is typically convened to discuss the administration of the deceased's
estate.
The meeting may be chaired by a designated official, such as the Chief Administrative Officer or
another appropriate authority.
Appointment of an Administrator:
During the meeting, the beneficiaries discuss and decide on the appointment of an administrator
to manage the estate.
The administrator is usually chosen based on consensus among the beneficiaries.
The administrator may be a family member, a legal representative, or another suitable individual
chosen by the beneficiaries.
Obtaining Letter of No Objection from the Office of the Administrator General:
The applicant (usually the proposed administrator) must seek a Letter of No Objection from the
Office of the Administrator General.
The Letter of No Objection is a document issued by the Administrator General's office confirming
that they have no objections to the applicant's request to administer the deceased's estate.
The purpose of this letter is to ensure that there are no conflicting claims or disputes regarding the
administration of the estate.
However, if the applicant is a widow, obtaining a Letter of No Objection may not be mandatory,
depending on the circumstances and the specific requirements of the Administrator General's
office.
Preparing and Submitting the Application for Letters of Administration in form of a Petition
Once the administrator is appointed and Letter of no objection is obtained, they prepare and submit
a petition of grant for Letters of Administration to the High Court.
The petition includes details about the deceased, the beneficiaries, the assets and liabilities of the
estate, and other relevant information.
The petition is submitted to the High Court in the jurisdiction where the deceased resided or where
the majority of the estate is located. If the property of the deceased exceeds fifty (50) million
shillings then the petition must be filed in the High Court. If the property of the deceased does not
exceed fifty (50) million shillings then the petition may be filed in the Chief Magistrates Court.
When filing the petition in court, the requisite filing fees (UGX 6,000) must be paid in the bank
and evidence of payment attached to the petition.
Publication of Notice:
After the application is submitted, a notice of the application for Letters of Administration is
published in the Uganda Gazette and in a local newspaper with a wide circulation.
The notice serves to inform creditors and other interested parties about the petition.
Court Hearing and Grant of Letters of Administration:
Following the publication of the notice, the High Court schedules a hearing to consider the
application and also identifying the beneficiaries.
At the hearing, the court reviews the application and may request additional documentation or
information.
If the court is satisfied with the application, it grants Letters of Administration to the appointed
administrator.
The Letters of Administration authorize the administrator to manage and distribute the deceased's
estate according to Ugandan law.
Administration of the Estate:
Once the Letters of Administration are granted, the administrator begins the process of
administering the estate.
This includes gathering and valuing assets, paying off debts and liabilities, and distributing the
remaining assets to the beneficiaries in accordance with the law.
Final Accounting and Closure:
After the estate is fully administered, the administrator prepares a final account of the estate's
administration.
The final account is submitted to the High Court for approval.
Once approved, the estate administration process is considered complete, and the estate can be
officially closed.

PART B

BRIEF FACTS

Linus Simon Adriko applied for letters of administration for the estate of the late Seraphine
Atimango before the high court of Uganda family division vide probate and administration cause
number 012/2024. The notice was published in the monitor newspaper of 10/01/2024. His father
Linus Adriko who left their matrimonial home in 2015 and started living with the maid Muna and
only appeared for the burial of the deceased, had also applied for the letters of administration in
the capacity of a widower.

LEGAL ISSUES

1. Whether Linus Adriko is entitled to be granted the letters of administration?

2. What practical steps will Santa take to ensure that Linus Adriko is not granted the letters
of administration?
3. What is the forum and the necessary documents required to effect 2 above?
4. What further steps should Santa take and the necessary steps?

LAW APPLICABLE

1. 1995 Ugandan Constitution as amended

2. The Judicature Act Cap 13
3. Succession Act Cap 162 as amended
4. Administration Generals Act Cap 157 As Amended
5. Evidence Act Cap 6

RESOLUTION OF ISSUES

ISSUE 1: Whether Linus Adriko is entitled to be granted the letters of administration?

Section 17 (1) of Succession (Amendment) Act provides that a surviving spouse of an intestate
shall not take any interest in the estate of the intestate if, at the death of the surviving spouse was
separated from the intestate as a member of the same household.

In line with the facts above Linus Adriko left his matrimonial home in 2015 and started living with
the maid Muna and did not return until the time of the burial of the deceased Seraphine Atimango,
and he never contributed to the wellbeing of the family.

In conclusion Linus Adriko is not entitled to the grant of letters of administrations as per section
17 (1) of Succession (amendment) Act.

ISSUE 2: What practical steps will Santa take to ensure that Linus Adriko is not granted
the letters of administration?
Section 253 of the Succession Act provides that, Caveats against the grant of letters of
administration may be lodged with the High Court or a district delegate and immediately on any
caveat being lodged with any district delegate; he or she shall send a copy of it to the High Court.

Section 255 of the Succession Act states that no proceeding shall be taken on a petition for or
letters of administration after a caveat against the grant of the petition has been entered with the
judge or officer to whom the application has been made, or notice has been given of its entry with
some other delegate, until after such notice to the person by whom the caveat has been entered as
the court shall think reasonable.

In conclusion Santa can lodge a caveat to prevent Linus Adriko from being granted letters of
administration to the estate of the late Seraphine.

ISSUE 3: What is the forum and the necessary documents required to effect 2 above?

The forum is the High Court of Lira Family Division

 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

PROBATE AND ADMINISTRATION CAUSE NO……. OF 2024

IN THE MATTER OF THE ESTATE OF SERAPHINE ATIMANGO (DESEASED)

FORMERY OF LIRA MUNICIPALITY

IN THE MATTER OF A CAVAET LODGED AGAINST THE APPLICATION FOR

GRANT OF LETTERS OF ADMNISTRATION TO THE ESTATE OF THE
SERAPHINE ATIMANGO (DECEASED) BY LINUS SIMON ADRIKO (WIDOWER)
TO THE DECEASED.

CAVAET

(Under section 253 of succession Act cap 162 as amended)

Let nothing be done in the matter of the estate of SERAPHINE ATIMANGO (deceased) formerly
of LIRA CITY, deceased who died on the 21 day of OCTOBER 2023 at KAKOOGE through an
accident.

DATED at Kampala this 10 th February 2024

………………………

SANTA ADRIKO

CAVEATOR

DRAWN AND FILED BY

KK & CO ADVOCATES KAMPALA
PO BOX 234
KAMPALA.
 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

PROBATE AND ADMINISTRATION CAUSE NO……. OF 2024

IN THE MATTER OF THE ESTATE OF SERAPHINE ATIMANGO (DESEASED)

FORMERY OF LIRA MUNICIPALITY

IN THE MATTER OF A CAVAET LODGED AGAINST THE APPLICATION FOR

GRANT OF LETTERS OF ADMNISTRATION TO THE ESTATE OF THE
SERAPHINE ATIMANGO (DECEASED) BY LINUS SIMON ADRIKO (WIDOWER)
TO THE DECEASED.

AFFIDAVIT IN SUPPORT OF CAVEAT

I SANTA ADRIKO of KK & CO Advocates P.O BOX 234 KAMPALA do swear

1. I am an adult female Uganda of sound mind, the caveat or herein and I swear this affidavit
in this capacity.
2. I am the son of SERAPHINE ATIMANGO (DECEASED), formerly of Lira city
(Annexture marked A and B is my birth certificate and death certificate of the deceased
respectively)
3. The deceased left no will
4. My late mother was survived by the following
1) Suzette Adriko aged 15
2) Simon Adriko aged 12
3) Jonathan Ringtho aged 14
4) Lilian Anzo aged 04
5) Simon Kaggwa aged 15
6) Nina Kaggwa
7) Mary Joy Mulungi aged 10

Our mother left the following:

1. Four residential houses on an acre of land at Ssonde Namugongo in
 Wakiso District- (Kyadondo Block 186, Plot 123). Lilian’s father lives in one of these
houses. The other houses are rented and each of them fetches two million Shillings per
month. This property is registered in our mother’s name. Its value is well over (500) million
Uganda Shillings.
2. A mixed farm on land in Lira District, which is registered as FRV 766 Folio 18 Plot 15
Block 5 at Adeker. This is valued at (100) million Uganda Shillings.
3. A bungalow at Biina Mutungo, Kampala City- Kibuga Block 230
Plot 185. This is where my sister, brother and I live. This too, is registered in our mother’s
name.
4.A commuter ‘Taxi’ UCC 991A, registered in her name.
5. Land at Lira with developments; to wit: a students’ hostel, canteen, and restaurant
registered in the names SERAPHINE ATIMANGO, SUZETTE ADRIKO, SIMON
ADRIKO AND SANTA ADRIKO.
Money on her Savings Accounts with Housing Finance Bank (Lira
Branch) -(Uganda Shillings 90,000,000/-) and Housing Finance
Bank (Mukono Branch) - 25,000,000/-).

6. The petitioner was not living with the deceased before 2015 to her time of death.
7. The petitioner is not a beneficiary of the estate of the deceased.
8. The petitioner is not fit to manage the estate of the deceased.

9 If the petitioner is allowed to manage my deceased’s mothers estate, it will all go to waste .

10 I desire my mother’s property to be protected for the benefit of those who are beneficiaries in
the same.

11. Whatever I have stated herein is true and correct to the best of my knowledge.

SWORN AT Kampala this 10 th February 2024

…………………

SANTA ADRIKO

DEPONENT
 BEFORE ME:

……………………

COMMISSIONER FOR OATHS

DRAWN AND FILED BY

KK & CO ADVOCATES KAMPALA
PO BOX 234 KAMPALA.

ISSUE 4: What further steps should Santa take and the necessary steps?
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
PROBATE AND ADMINISTRATION CAUSE NO. OF 2024
IN THE MATTER OF THE ESTATE OF THE LATE SERAPHINE ATIMANGO
FORMERLY OF KAMPALA – UGANDA AND
IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY
SANTA ADRIKO, DAUGHTER OF THE DECEASED
PETITION FOR LETTERS OF ADMINISTRATION
1. I, SANTA ATIMANGO, KK & Co. Advocates, P.O Box 234 Kampala, Uganda do hereby
apply for letters of Administration to the estate of SERAPHINE ATIMANGO (hereinafter
called the deceased) who died on the 21 ST OCTOBER 2023 through an accident (herein
attached is the death certificate marked “A”).
2. The deceased was married to LINUS SIMON ADRIKO who left his matrimonial home in
2015 and never came back until the burial day.
3. The deceased is survived by a Suzette Adriko aged 15, Simon Adriko aged 12, Jonathan
Ringtho aged 14, Lilian Anzo aged 04, Simon Kaggwa aged 15, Nina Kaggwa and Mary
Joy Mulungi aged 10.
4. The deceased left the following property:
a) Four residential houses on an acre of land at Ssonde Namugongo in Wakiso District-
(Kyadondo Block 186, Plot 123
b) A mixed farm on land in Lira District, which is registered as FRV 766 Folio 18 Plot 15
Block 5 at Adeker. This is valued at (100) million Uganda Shillings.
c) A bungalow at Biina Mutungo, Kampala City- Kibuga Block 230 Plot 185.
d) .A commuter ‘Taxi’ UCC 991A,
 e) Land at Lira with developments; to wit: a students’ hostel, canteen, and restaurant
registered in the names SERAPHINE ATIMANGO, SUZETTE ADRIKO, SIMON
ADRIKO AND SANTA ADRIKO.
f) Money on her Savings Accounts with Housing Finance Bank (Lira Branch) -(Uganda
Shillings 90,000,000/-) and Housing Finance Bank (Mukono Branch) - 25,000,000/-

5. The deceased at the time of his death had a fixed place of abode at KAMPALA within the
jurisdiction of this Honorable Court.
6. The approximate value of the estate is estimated at Ugx 400,000,000/= (four hundred million
only).
7. This application is brought by me as a DAUGHTER to the deceased and the Administrator
General and other surviving relatives not object to my application as evidenced by Certificate of
No Objection issued under his hand and consents (annexed hereto and marked Annexures “C” “D”
and “E”).
DATED at KAMPALA this 10 th day of February 2024
______________________
SANTA ADRIKO
APPLICANT
VERIFICATION
I, SANTA ADRIKO, the petition in the above petition, declare that what is stated in it is true to
the best of my knowledge.

BEFORE ME
_________________________-
COMMISSIONER FOR OATHS
DRAWN AND FILED BY
KK & CO ADVOCATES
PO BOX 234
KAMPALA.
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
PROBATE AND ADMINISTRATION CAUSE NO. OF 2024
IN THE MATTER OF THE ESTATE OF THE LATE SERAPHINE ATIMANGO
FORMERLY OF KAMPALA – UGANDA AND
IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY
SANTA ADRIKO, DAUGHTER OF THE DECEASED
PETITION FOR LETTERS OF ADMINISTRATION
NOTICE TAKE NOTICE that an application for letters of administration to estate of the late
ABBAGA MABUGA has been lodged in this Court by SANTA ADRIKO, DAUGHTER of the
deceased. The Court will proceed to grant the same if no caveat is lodged with the Registrar within
fourteen (14) days from the date of publication of this notice unless cause be shown to the contrary.
DATED at KAMPALA this 10 TH day of FEBRUARY 2024.
…………………………………………..
REGISTRAR
DRAWN AND FILED BY
KK & CO ADVOCATES KAMPALA
PO BOX 234 KAMPALA.

Part C

BRIEF FACTS.

Celine Chilima (deceased) was a Tanzanian, a registered Proprietor of land under Leasehold
Tenure in various places in Uganda its worth a billion Ugandan of shillings, Letters of
Administration in respect to her Estate were granted by the High Court of Tanzania vide High
court Administrative Cause No. 242 of 2023.

ISSUES.

1) What are the practical steps the beneficiaries of the late Celine’s Estate can take in respect
of the property?
2) What are the documents required in to administer the properties in Uganda?

LAW APPLICABLE.

1. The Succession Act cap 162 as amended.

 2. Probate (resealing) Act cap 160
3. The Civil Procedure Rules SI 71-1
4. The civil procedure Act Cap 71
5. The Judicature Act Cap 13
6. Judicature (Administration of Estates) Rules
7. The case laws.

RESOLUTION

Issue 1: What are the practical steps the beneficiaries of the late Celine’s Estate can take in
respect of the property in Uganda?

Section 2 of Probate (resealing) Act cap 160 provides for resealing of probate and letters of
administration granted outside Uganda.

Since the letters of Administration for the estate were granted in Tanzania, the beneficiaries should
apply for resealing on the letters of administration in the High Court of Uganda

Section 3 probate (Resealing)Rules cap 160 provides for conditions to be fulfilled before
resealing which include the following

a. Probate duty has been paid

b. In case of Letters of Administration, that security has been given in a sum of sufficient in
amount to cover the property.
1. Application for resealment of letters of administration; Rule 2 Probate (Resealing) Rules
cap 160 provides that an application for resealing of a grant of probate/ letters of
Administration may be made by persons to whom the grant was made or the attorney of that
person.
(a) An application is by ordinary letter to the Chief Registrar of the High Court, Documents to
be attached including a copy of the will, certificate of letters of probate administrative bond
or power of attorney, if in a representative capacity per Rule 3 of the Probate (Resealing)
Rules SI 160-1
2. Advertising of the application (Form B) per Rule 4 Probate (Resealing) Rules SI 160

This has to be supported by an oath under Form C

In the of case of Delahaije V Kasolo &Anor Administrative Cause No. 1558 Of 2018, it was
held that advertisement of the notice to reseal opens doors wide to allow any person with any
question of Continent to responds to the notice of court, the matter ceases to be one between the
applicant and the court, the scope now is extended to include third parties with valid claims.

Section 4 Probate (Resealing) Act Cap 160 provides that where there is an objection, court may
require depositing of security (in case of creditors)

3. Payment of fees upon making an application per Rule 5 probate (Resealing)Rules

4. Endorsement/seal of letters of administration by the Registrar. Rule 6 of the probate
(Resealing)Rules provides that where a grant is sealed, the registrar shall endorse the
following words
“Sealed with the High Court of Uganda by order of court dated this…day of…2024”,
and shall add his signature to it
Identification session held before the chief Registrar just before Resealing of letters of
Administration
5. Rule 7 of the of the probate (Resealing)Rules provides that the letters of administration shall
be returned to the applicant or his or her advocate if all fees in respect to it have been paid

Issue 2: What are the documents required in to administer the properties in Uganda?

Relevant documents for probate Resealing.

- Ordinary Letter to the chief Registrar High Court

- Certified Letters of Administration
- Administration Bond
- Certificate of Payment of Probate Duty.