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DEPARTMENT OF POST-GRADUATE LEGAL STUDIES AND LEGAL AID
THE POST-GRADUATE BAR COURSE 2020/
FAMILY LAW PRACTICE WEEK THREE, INDIVIDUAL ASSESSMENT
BARAKA SAMUEL, FIRM C
ADMISSION NO. 2001700748
5 TH, MARCH 2021
BRIEF FACTS
Mukasa Christopher and Nakyanzi Goretti got married at Namirembe Cathedral in 2005. The couple had two children namely; Christine aged 16yrs and Chloe aged 14yrs. Gorreti could not have any more children because of health complications. In 2010, Christopher married Ajok Vivian under Acholi customs, produced two children namely; Ivanna aged 11 years and Bridget aged 4 years. In 2016 Mukasa married Samantha Mawadri under the Lugbara custom, who also produced two children namely; Damalie and Donald aged 5 years and 3 years respectively. Recently Mukasa evicted Nakyanzi from their rented home. She went to live at their matrimonial home in Kyotera. Mukasa also looks after Collins, aged 22 years, son to Samantha’s brother, Mawa. On 15th February 2021, Christopher died intestate.
ISSUES
- What is the most appropriate remedy to Gorreti in the circumstances?
- Who are the beneficiaries to Mukasa’s estate and the best person suited to administer the estate?
- What is the appropriate procedure to be followed in order to obtain the remedy in (1) above?
- Draft the necessary documents LAW APPLICABLE
- The Succession Act, Cap 162 (hereinafter referred to as SA)
- The Administrator General’s Act, Cap 157
- The Civil Procedure Act, Cap 71
- Judicature (Administration of Estates) Rules S.I 13-
- The Civil Procedure Rules 71-
- Case Law
ISSUE ONE: WHAT IS THE MOST APPROPRIATE REMEDY TO GORRETI IN THE
CIRCUMSTANCES?
The most appropriate remedy for Gorreti is to apply for letters of administration. According to Section 201, when the deceased has died intestate, those who are connected with the deceased either by marriage or by consanguinity are entitled to obtain letters of administration of his or her estate.
In the case of Stella Maris Amabilis & Anor Vs Esther Nabusakala HCCS No. 72 of 2007 , it was held that where a person dies without a will, that is, without living a valid testamentary disposition, such a person dies intestate. All property in such an estate devolves upon the personal representative of such an estate. The court defined a personal representative as the person granted letters of administration by a competent court.
In the instant case, Mukasa Christopher died without leaving a will. He died intestate. Gorreti is his widow. It therefore follows that the remedy available to Gorreti is to apply for letters of administration.
ISSUE TWO: WHO ARE THE BENEFICIARIES TO MUKASA’S ESTATE AND THE BEST
PERSON SUITED TO ADMINISTER THE ESTATE?
As already mentioned, Section 201 provides that when the deceased has died intestate, those who are connected with the deceased either by marriage or by consanguinity are entitled to obtain letters of administration of his or her estate. However, the questions arises of who among all such persons is the most suitable.
Section 202, SA provides that administration shall be granted to the person entitled to the greatest proportion of the estate under section 27. According to section 27(1)(a), the children are more entitled, followed by the wife. However, in this case, the children are still minors and do not qualify ( under section 190, SA ) which makes the wife (next in line) entitled to apply for letters of administration. In the case of Musa V Musa) (2002 EA , Court held that the widow of the deceased has priority in petitioning for letters of administration.
Collins: Section 2(g) SA defines a dependent relative. In the instant case, Collins is a nephew to one of Mukasa’s woman friends, Samantha. He does not fall in any of the defined categories. Besides, he is 22 years old. He is therefore not entitled to any share in Mukasa’s estate. Gorret is therefore the best person suitable to apply for letters of administration of the estate of her late husband, Mukasa Christopher.
ISSUE THREE: WHAT IS THE APPROPRIATE PROCEDURE TO BE FOLLOWED IN ORDER TO OBTAIN THE REMEDY IN (1) ABOVE? Below is an outline of the procedure to be followed in applying for letters of administration.
- Obtaining letter from the LC1 confirming that Mukasa died and was buried.
- Obtaining a death certificate from hospital and subsequently from NIRA
- Reporting the death to the Administrator General and applying for a certificate of no objection (S.4 of the Administrator General’s act.) a. LC1 letter and death certificate should be attached, including copies of National Identity cards of the applicant. b. The Administrator General will convene a family meeting to: i. Confirm that Mukasa Christopher died, and was buried; and, ii. Appoint the person who will administer the estate. In this case, as afore mentioned, Gorreti Nakyanzi is the most suitable person. c. The Administrator General will issue a certificate of no objection. (S.5 of the Administrator General’s Act.)
- Draw and file a petition for letters of administration in the High court pursuant to Section 246, SA. Under Section 247, a petition shall be subscribed by the petitioner and his or her advocate, if any, and shall be verified by the petitioner.
- The appropriate forum is the High Court of Uganda at Masaka, since that’s where their Matrimonial home is located, and the value of the estate exceeds 100m.
- Registrar issues notice of application under Rule 5 of the Judicature (Administration of Estates) Rules S.I 13-7. The notice is gazette - Rule 2
- Fixing the date for Identification and actual identification by registrar
- Grant of letters of administration under Section 259 SA
ISSUE FOUR: DRAFT THE NECESSARY DOCUMENTS
The documents required are:
- Notice of Application,
- Petition,
- Declaration and
- Bond.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MASAKA
ADMINISTRATION CAUSE NO… …. .OF 2021
IN THE MATTER OF THE ESTATE OF THE LATE CHRISTOPHER MUKASA
AND
IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY
NAKYANZI GORRETI, WIDOW OF THE LATE CHRISTOPHER MUKASA
NOTICE OF APPLICATION
TO WHOM IT MAY CONCERN
TAKE NOTICE that an application for Letters of Administration to the Estate of the late CHRISTOPHER MUKASA. This court will proceed to grant the same if no caveat is lodged with this Honourable court of Uganda within (14) fourteen days from the date of publication of this notice, unless cause has been shown to the contrary.
DATED at Masaka this 5th^ Day of March 2021
Signature
DEPUTY REGISTRAR
- THAT at the time of his death the deceased did not leave any will.
- THAT The value of the deceased’s estate is in the excess of UGX.100,000,000/= (Uganda Shillings a Hundred Million) and at the time of his death the deceased had a fixed place of abode as stated in paragraph 2 above within the jurisdiction of this honourable court.
- THAT the Petitioner shall administer the estate lawfully, exhibit a true and perfect inventory (report) in accordance with the law.
- THAT the petitioner prays to this honourable court, pursuant to the provisions of the Succession act, to issue letters of administration to the estate of the deceased be issued to the Petitioner. Dated at Masaka this 5th. day of March.
Signed by the said: nakyanzi gorreti NAKYANZI GORRETI ____________________
PETITIONER VERIFICATION OF PETITION
I, NAKYANZI GORRETI, of M/s Lockdown Legal Associates, P.O.Box…… Masaka, DO HEREBY Verify that that contents of the petition are true and correct to the best of my knowledge and belief.
____________ nakyanzi gorreti **__________ PETITIONER Before me:
A COMMISSIONER FOR OATHS**
Drawn & Filed By: M/s Lockdown Legal Associates, P.O.Box…… Masaka
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MASAKA
ADMINISTRATION CAUSE NO… …. .OF 2021
IN THE MATTER OF THE ESTATE OF THE LATE CHRISTOPHER MUKASA
AND
IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY
NAKYANZI GORRETI, WIDOW OF THE LATE CHRISTOPHER MUKASA
DECLARATION
I, NAKYANZI GORRETI widow to the late CHRISTOPHER MUKASA and applicant herein for letters of administration of C/o M/s Lockdown Legal Associates, P.O.Box…… Masaka, do herby solemnly and sincerely declare that I shall administer the estate, lawfully exhibit a true and perfect inventory(report) as per the law and that what is stated in the petition herein is true to the best of my knowledge and I make this solemn declaration contentiously believing the same to be true.
Nakyanzi gorreti Signed by the said: ______________________________ NAKYANZI GORRETI
Declared at Masaka this 5th^ day of March 2021
BEFORE ME:
___________________________________
COMMISSIONER FOR OATHS
Drawn & Filed By: M/s Lockdown Legal Associates, P.O.Box…… Masaka
