GROUP 1

BRIEF FACTS
Yoana Maria Mubi died on 23.01.2023. He left a valid Will in which he appointed his brother, Yeko Muntu, the
Executor of his Will. In April 2023, Yeko Muntu obtained Probate of the estate of Yoana Maria Mubi (deceased) vide
Masaka High Court Probate and Administration Cause No. 034/2023. Yoana Maria Mubi was survived by Catherine
Suubi Mubi, aged (35) –widow, Sanyu Mirembe now aged (12) –biological daughter, John Mary Mubi Junior now
aged six-biological son. Yoana Maria Mubi left property worth over one billion Uganda Shillings. In August 2023,
Yeko Muntu leased the land on Bufumila Island to Smith Wills, a Canadian. Yeko Muntu has not paid any amount of
money on the mortgage in respect of the Land at Mengo since the death of the deceased. The widow does not know
how Yeko Muntu spends the rent which he collects from the property of the deceased. The Farm Manager and
workers’ remuneration had not been paid for over six months.
ISSUES.
1. What are the remedies available for Catherine?
2. What practical steps would be taken in the interim to protect the estate of Yoana?
LAW APPLICABLE.
1. The Succession Act Cap 162 as amended
2. The Registration of Titles Act Cap 230
3. Case Law
 ISSUE 1
ISSUE 1: WHAT ARE THE REMEDIES AVAILABLE FOR CATHERINE?
1. Long term remedy of instituting a suit for revocation of the grant of letters of probate.
Section 180 of the Succession Act Cap 162 as amended provides that the executor or administrator
as the case may be, of a deceased person is his or her legal representative for all purposes, and all the
property of the deceased person vests in him or her as such.
In the case of Anecho v Twali and 2 Ors CS No. 0009 /2008 [2018], it was stated that a grant for
letters of probate remain valid until revoked.
Section 234(1) provides that the grant of probate or letters of administration may be revoked or
annuled for just cause.
Section 234(2) provides for what constitutes just cause where subsection (e) provides for omission to
exhibit an inventory or account by the person to whom the grant was made and (f) provides for the
mismanagement of the estate by the person to whom the grant was made.
In the case of Sanyu Lwanga Musoke v Sam Galiwango (CA No. 48/1995), it was held that the
grant of probate or letters of administration may be revoked or annuled for just cause.
 CONT’D…
The effect of Section 234(3) provides that where a grant of probate or letters of administration is

revoked under subsection (2) (b) or (f), the executor commits an offense and is liable on conviction,

to imprisonment for a term of three years or to a fine not exceeding seventy two currency points or

both.

Section 234(5) provides that in the same process for revocation of letters of administration, grant

letters of administration to another person where court determines that such a person is a fit and

proper person where court determines that such a person is a fit and proper person to be granted

letters of administration under this Act.

Therefore, the widow is a proper and fit person to administer the late husband’s property and should

apply for letters of administration.

In conclusion, in relation to the facts, the executor Yeko Muntu leased the land on Bufumila Island to

Smith Wills. He has not paid any amount of money on the mortgage in respect of the land in Mengo

since the death of the deceased. The widow does not know where Yeko Muntu spends the rent which

he collects from the property of the deceased. The farm manager and worker’s remuneration had not

been paid for over six, months and most of it all, there is no inventory or account for the estate.
 CONT’D…
Interim remedies
• An order of administration Pendete Lite as an interim remedy.
• Section 218 Succession Act Cap 162 as amended 2022 court has the power, pending any suit touching the validity
of the will, obtaining/revoking any probate/letters of administration, appoint an administrator of the estate of the
deceased, who shall have the rights and powers of a general administrator other than distributing the estate.
• In the case of Wilson Tayebwa & Ors V Mary Kyatwaha & 2 ors M.A 6/2017; It was stressed that an
administration pendite lite is limited to the duration of the pendency of a suit and more importantly it does not give
authority to the administration so appointed to distribute the estate.
• Lodging a beneficiary caveat on the property
• Section 139 RTA Cap 230, it takes 6 months unless lodged by a beneficiary. A person with interest in the land has
the capacity to lodge a caveat. Bayes V Gathure (1966) EA 386, a caveat is intended to give the caveator
temporary protection and to give notice of the nature of the claim to the person whose estate in the land is affected
and to the world at large, also in the case of Sending Produce and Coffee farmers Ltd V Rose Nakafuma
HCMC 690/1999. For a caveat to be valid, the caveator must have legal or equitable interest to be protected.
• For titled land belonging to the deceased, a beneficiaries caveat can be lodged to temporary protect their interest.
 CONT’D…
• Temporary injunction ( 0.41 R. 1, 2, 3 & 9 CPR)
• Section 33 Judicature Act Cap 13 and section 98 Civil Procedure Act Cap 71
inherent powers of court to grant remedies as it deems fit.
• Section 33 of the Judicature Act Cap 13 provides that the High Court shall in the
exercise of its jurisdiction vested in it by the Constitution, this Act and any other
written law grant orders absolutely or on such terms and conditions as it thinks just.
• In the case of Piara Singh Jhass & Anor V Sukheer Kaur MA No. 107/2012, a
temporary injunction was sought restraining the respondent from selling, leasing,
transfering, alienating and disposing any property of the deceased and from disposing
any property of the deceased and from evicting and harassing the applicant until the
main suit is heard. Court held that in order to maintain the status quo of the subject
matter, she granted the temporary injunction.
 ISSUE 2
ISSUE 2: WHAT PRACTICAL STEPS WOULD BE TAKEN IN THE INTERIM
TO PROTECT THE ESTATE OF YOANA?
Steps for lodging a beneficiary caveat
• Step 1
The applicant must have in his /her possession two sets of embossed caveat documents
duly witnessed by an advocate signed by the person who is placing the caveat (deponent)
and dated, statutory declaration signed by the Deponent and a commissioner for oaths and
two passport photographs of the person placing the caveat.
• Step 2
The applicant presents the full set of original documents and a photocopy of the same, to
department of Land Registration for processing. The photocopy is stamped ‘Received’
and returned to the Applicant. The applicant checks with the department of Land
Registration after 1o working days to confirm entry of the caveat upon the register.
• Documents Required: Caveat, Affidavit, and Set of passport photographs and General
receipts of payment. Fees paid: stamp duty; 20,000 and registration fees; 10,000.
-Forum- Registrar of titles
 CONT’D….
Steps for An order of administration Pendete Lite as an interim remedy.
• Draft Notice of motion accompanied with an affidavit (0.52 R.1 & 3)
• Pay the requisite court fees
• File the application at the court registry where the suit for revocation is pending
• Serve the opposite party
• File an affidavit of service
Steps for a temporary injunction.
• Apply to court using Chamber Summons
• The Chamber Summons must be accompanied/ supported by an affidavit clearly
stating the grounds relied on for the grant of injunction
• Payment of requisite filing fees. Part 1 Item 3 of the Judicature (Court Fees)
(Amendment) Rules, 2022 provides for payment of Ugx 20,000/= as filing fees for
any subsequent application.
• Service of summons on the Respondent
• File an affidavit of Service
 GROUP 2
ISSUES
1. What are the necessary legal documents to obtain the most critical long-
term remedies.

2. What are the ethical issues in the course of executing the widow`s
instructions and how would they be dealt with?

LAW APPLICABLE

1. Advocates (Professional conduct Regulations) Regulations SI 267-2

 CONT’D…
ISSUE 2: WHAT ARE THE ETHICAL ISSUES IN THE COURSE OF EXECUTING THE
WIDOW`S INSTRUCTIONS AND HOW WOULD THEY BE DEALT WITH?
• Obtaining Instructions from the widow. Regulation 2 of the Advocates (Professional conduct
Regulations) Regulations SI 267-2 provides that no advocate shall act for any person unless he or
she has obtained instructions from that person or his or her duly authorized agent. As an advocate,
I would first receive instructions from the widow to be able to handle the matter.
• Acting diligently and without delay. Regulation 12 of the Advocates (Professional conduct
Regulations) Regulations SI 267-2 instructs all advocates to advise their clients in their best
interests. Advocates are also limited from advising their clients to enter into, oppose or continue
any litigation which would be looked at not to be in the best interest of a reasonable advocate.
• Conflict of interest. This is provided for under Regulation 10 of the Advocates(Professional
conduct Regulations)Regulations SI 267-2 which is to the effect that an advocate shall not use his
or her fiduciary relationship with his or her clients to his or her personal advantage and shall
disclose to those clients any form of personal interest that he or she may have.
• Falsification of Evidence. Regulation 16 of the Advocates (Professional conduct Regulations)
Regulations SI 267-2 is to the effect that if any advocate becomes aware that any person has,
before the court, sworn a false affidavit or given false evidence, shall inform court of the same.
 CONT’D…
• Undercharging and overcharging fees. This is provided for under Regulation 28 of the

Advocates(Professional conduct Regulations)Regulations SI 267-2 which is to the effect that no

advocate shall charge a fee which is below the specified fee under the Advocates(Remuneration

and Taxation of costs)Rules and as a result, we shall not charge excessive or substandard fees

from the Widow.

• Confidentiality which is provided for under Regulation 7 of the Advocates (Professional

conduct Regulations) Regulations SI 267-2.As an advocate, we shall be required not to release

the information that we shall acquire from the Widow.

• The advocate is also not allowed to exploit the client`s shortcomings. Regulation 11 of the

Advocates (Professional conduct Regulations) Regulations SI 267-2 is to the effect that an

advocate shall not exploit the inexperience, lack of understanding, illiteracy or other personal

shortcoming of a client for his or her personal benefit of any other person. The advocate shall

therefore be careful not to exploit the widow.

•
 GROUP 3
BRIEF FACTS
Fred Asiimwe and his brother Dickson Mukama were issued Letters of Administration by the High
Court of Masaka in June 2023 in respect of the estate of Jude Assiimwe(deceased) vide High Court
Administration Cause No. 29/2023.
Unfortunately, in August 2023, Dicson Mukama’s health declined and as aresult of this condition
among other thuings eperiences severe memory loss and can not reason soundly.
ISSUES
1. Whether Fred can apply for revocation of Letters of Administration?
2. What is the forum, procedure and necessary document?
LAW APPLICABLE
1. Succession Act Cap 162 as amended
2. The Civil Procedure Act Cap 71
3. The Civil Procedure Rules SI 71-1
4. Case law
 CONT’D…
RESOLUTION OF ISSUES
ISSUE 1 : WHETHER FRED CAN APPLY FOR REVOCATION OF LETTERS OF
ADMINISTRATION?

Yes, Fred can apply for revocation of letters of administration. Pursuant to Section 234(2) (d) of the
Succession Act Cap 162 that permits court to revoke letters of administration that have become
useless and inoperative through various circumstances.

In the matter of the estate of the late Javuru Apollo (Deceased) Misc Civil App No.oo53 OF
2016, it was stated that a grant may have been properly made but for a reason that has occurred as a
result of subsequent events, it may become necessary for the court to revoke the grant for practical
reasons and for example where an administrator becomes incapable of managing its affairs by reason
of mental or physical incapacity, the grant will be revoked.

In the case at hand, High court granted letters of administration to Fred Asimwe and his brother
Dickson Mukama and Dickson has been diagnosed with severe dementia and experiencing memory
loss and cannot reason soundly making him mentally incapacitated and therefore high court can
revoke the letters of administration granted to him.
 CONT’D…
In the same case, it was stated that, the object of the power to revoke a grant is to ensure due
and proper administration of an estate and protection of the interests of those beneficially
interested.

In the case of Gould v Gould [2005] NSWSC 914 Court held that the only way in which the
name of an administrator of an estate maybe removed from a grant is by revocation of the
grant and making a fresh grant and the court doesn’t require the continuing administrator to
prove once more all the matters which were proved in order to obtain the original grant.

Therefore Fred Asiimwe will apply for revocation of the letters of administration and he will
not have to go through the whole process as when he was being issued the original Grant.
 CONT’D…
ISSUE 2: WHAT IS THE FORUM, PROCEDURE AND NECESSARY DOCUMENTS?

Forum:

Section 235 of the Succession Act cap 162 as amended is to the effect that jurisdiction to the grant of
probate and letters of administration shall be exercised by the High court.

According to the facts at hand, the High Court of Mukono, in June 2023 issued to Fred Asiimwe and
his brother Dickson Mukama letters of administration. This therefore implies that revocation has to be
done by the same court.

Procedure:

This will be by way of a notice of motion supported by an affidavit under the provisions of Section
98 of the Civil Procedure Act Cap 71, Section 234 (2) (d) of the Succession Act Cap 162 and
Order 52 rules 1,2 and 3 of Civil Procedure Rules SI 71-1.
 CONT’D…
Practical steps:
1. Draft the necessary court documents, that is;
a) Notice of Motion.
b) Affidavit in support.
c) Relevant evidence such as; letters of administration and Dickson Mukama’s medical report.

2. Assessment and payment of court fees.

3. Filing the documents with the relevant court registry; Mukono High Court Registry.

4. Extraction of a Hearing Notice.

5. Hearing will be attended and court will make an order.