FAMILY PRACTICE – WORKSHOP 2 – TERM 2, WEEK 4

FIRM B7
BRIEF FACTS
In 1999 Yuventino Olal married Gaudesia Otoa at Lira Church of Jesus Christ. The couple have
five children namely, Graham Olal Junior, aged 18, Greyson Olal aged 15, Gabriella Olal aged
14, Genevieve Olal aged 12 and Gem Olal aged 9. In 2015, Yuventino married Apophia Acan
customarily and they begot twins now aged 7. In December 2016 Gaudesia decided to leave their
matrimonial home in Ngetta and relocated to their village home in Amugo in Lira. To date that is
where she resides and every Christmas holiday and some public holidays, Yuventino would visit
his village home in Amugo. Apophia stays in her home in Kampala.

In March 2020, Yuventino had a love affair with Pamela Nansinkombi who gave birth to a
bouncing baby boy in November 2021. He rented a house for her in Gayaza in the outskirts of
Kampala City. After the birth of the child, Yuventino visited Pamela’s parents. He was asked to
pay five heads of cattle and paid two of them. He is yet to pay the rest.

Yuventino has the following properties;

1. The matrimonial home in Ngetta, Lira where Gaudesia was staying.
2. The land and home in Amugo where Gaudesia resides
3. A house in Soroti town,
4. A mixed farm at Bala where they have cattle, poultry farm and a garden.
5. Five taxis plying the Lira–Kampala route.
6. Two tipper Lorries for hire.
In December 2021 Yuventino got a stroke and was bedridden. He called his wife Pamela and all
the children and told them of his illness. He told his elder children that they had to take care of
their step siblings and their step mother. He also told them that they had to continue looking after
his sister Sarah and his mother Serena. All this was recorded on his phone in a video on 10th
December 2021 and posted on YouTube. After one week, Yuventino passed away. Gaudesia,
Apophia and Pamela and all the children held a meeting on 20th January2022 and have
appointed your Law firm to streamline the estate of the late Yuventino Olal.
ISSUES
1. What are the rights and duties of the family in ensuring the lawful administration of the
estate and the procedure to follow in realizing the same?
2. What is the forum, procedure and necessary documents required?
LAWS APPLICABLE
1. The 1995 Constitution of the Republic of Uganda
2. The Succession Act Cap. 162 (as amended)
3. Administrator General’s Act, Cap. 157
4. The Civil Procedure Act, Cap.71
5. The Judicature (Administration of Estates) Rules, S.I 13-7
1|Page
 6. The Civil Procedure Rules, as amended
7. High Court (Circuits) Instrument, 2016
8. Case Law

b)
RIGHTS OF THE FAMILY MEMBERS
Section 25 of the Succession Act, Cap 162 provides for devolution of property of a person
dying intestate. That the property will devolve upon the personal representative of the deceased
holds it in trust for people entitled to it. In the facts before us, there is no clear representative of
the deceased.
Section 24 of the Succession Act, Cap 162, explains what dying intestate means, that a person
dies intestate in respect of all property which has not been disposed of by a valid testamentary
disposition.
A person is taken to have died intestate where they don’t dispose of their property by way of will
according to the Mallinga V Mallinga Civil Suit No.13of 2016, where the court held that failure
to dispose of property by way of a will means that the person has died intestate in respect of that
property.
Further in the case of Fred Mukasa V Nalwanga HCCS FD127/2006where similar facts arose
like in current case, the deceased had passed on intestate on the grounds that the purported
attempts to make something as the last testament of the deceased did not meet the tenets of a
valid will.
The writing did not bring out the intention of the writer and was not attested to.

Court held, that a will that is not made in line with Section 49 of the Succession Act, this
section refers to the Fourth Schedule of the Act, as the form in which a will should be written.
Hence the will made outside that format or in a similar manner is not valid under the law and the
deceased is deemed to have passed on intestate.

Hence, a will must be in writing, it must bear a signature or mark of the testator, stipulate how he
or she intends to devolve his or her property on occurrence of death and attested to by at least
two witnesses.

RIGHTS:

Right to share in the property of the deceased person.

2|Page
Section 2 of the Act defines children to include illegitimate and adopted children. All children
have the right to a share their father’s estate, whether born in wedlock or not as was the position
in Kajubi V Kabali (1944) EACA 14.
The case of Fred Musoke V Nalwanga (supra) has held that all the beneficiaries such as
children are entitled to share in the property of the deceased. Anyone classed as a beneficiary
which includes family members, and dependent relatives are entitled to a share in the estate.
The Right to Maintenance.
Section 38 of the Succession Act provides for maintenance of the dependent relatives from the
estate of the deceased. That Court may order for the maintenance of the dependent relatives
below the age of 21 years where no provision has been made.
Section 2(g)(ii) refers to a dependent relative to be a parent, brother, sister, grandparent,
grandchild, who on the date of the decease’s death, was wholly or substantially dependent on the
deceased for the provision of the ordinary necessities’ of life suitable to a person of his or her
station. Section 37 provides that where a person makes a will and disposes off all his property
without making reasonable provisions for the maintenance of the dependent relatives then they
may apply to court to order payment out of the deceased’s estate for their maintenance.
According to the facts, the deceased’s mother Esteri Wamimbi and Debula Wamimbi are the
dependents.
Right and Duty to prevent the estate from waste
A beneficiary or beneficiaries have a right to sue and bring suits on behalf of the estate and on
their own behalf as beneficiaries against anyone who is putting the estate to waste.
In the case of Caroline Mboijana & 2 others v James Mboijana, SCCA NO.3 of 2004, Court
revoked letters of Administration earlier granted to the Respondent when it was proved by the
appellants that he was wasting the estate of the deceased. The Supreme Court held that a
beneficiary has a duty to protect the estate and can bring a suit in their own names for the
protection of the estate even if there are not the Administrators of the estate. A beneficiary is a
person entitled to a share in a deceased property as per the succession laws of Uganda.
Further all the relatives who include dependent relatives who have been depending on the
deceased person are entitled to a share in the property.
Right and duty to apply to administer the estate of the deceased.
Since no one is left in charge of the Estates, the family is entitled to choose among themselves a
personal representative to the deceased to act as the Administrator of the estate. Section 4(3)(e)
of the Administrator General’s Act cap157 and its Regulations 157-1provides that an
Administrator stands in as the personal representative of the estate.

3|Page
According to facts before us, although Rogers would love Resty Nabbaka to administer the
estate, his intention was not legally put in effect, when he merely made a video audio without
proper testament. Section 11 of the Administration of Estates (Small Estates) (Special
Provisions) Act, SI 156-1 gives order of priority for grant in case of intestacy as given
thereunder.
Section 190 of the Succession Act Cap 162 is to the effect that letters of administration shall
not be granted to any person who is a minor or is of unsound mind. It has been thought that
incase a person is married, their spouse is the most suitable person to administer the estate of the
deceased
In the case of Christine Male & another V Mary Namanda & Another (1982) HCB
140Where the first plaintiff was the widow of the deceased and they were validly married. The
first defendant had never been a wife of the deceased although she had 4 children with him, in
the meaning of S.3 of the Succession Act, now S.2 (w) consequently, the only person who could
apply for letters of administration was the first plaintiff. Therefore in relation to our facts, the
legal widow is charlotte Nekesa due to the valid church marriage and the other two women are
not recognized by law as wives to the deceased. Therefore priority has to go to Charlotte since
she is the legal wife (now widow) of the deceased.
Right to receive information about Administration of the Estate.
The beneficiaries also have the right to receive information about what’s going on in the
administration of the estate. Typically, this information should be provided by the administrator
or executor of the estate. Further they have a right to examine and dispute the inventory and
account which has been provided by the Administrator. Where such information is not provided
to the beneficiaries and the family, they have a right to apply to court to force the administrator
to provide the information before court and also seek for their revocation.
This was clearly seen in the case of Caroline Mboijana & 2 others v James Mboijana, SCCA
NO. 3 of 2004, Court revoked letters of Administration on account that administrator failed to
account for the estate.010
Right to be reimbursed from the estate.
Administering an estate can be a time-consuming process involving preparation or paperwork,
communicating with beneficiaries, organizing physical and intangible assets, selling assets, and
consultation with experts like certified public accountants (CPAs) and attorneys. It’s common for
the process to take six months to a year or more. In short, it’s a lot of work for the executor.
Fortunately, the executor can pay themselves reasonable compensation for the work out of the
estate's assets.
Right of occupation of residential holding.

4|Page
Section 26 (1) of the same Act, provides that the residential holding normally Occupied by the
person dying intestate shall be held by his or personal representative upon trust for his or her heir
subject to the rights of occupation, terms and conditions set out in the 2 nd schedule of this Act. A
residential holding is not only that which the deceased occupied normally prior to his intestate or
that owned by him as a principal residential holding, but also any other residential holding
possessed by the deceased.
The Second Schedule of the Succession Act Cap 162; Rule 1 (1) provides that, a residential
holding occupied by the intestate prior to his/her death as his/her principal residence, any wife /
husband, and any children under 18 years of age if male, or under 21 years of age and unmarried
if female, who were normally residents in the residential holding shall be entitled to occupy its
grounds.
PROCEDURE:
STEP. 1.
To process a death certificate of the deceased (short death certificate can be Obtained at the sub
county or division offices, municipal council and the Long/National death certificate with NIRA
under the Registration of Persons Act 2014.This is for purposes of proving the death of the
intestate.
STEP 2.
Determine which Court has Authority over Estate
The amount of property the deceased owned at the time of death determines which Court can
appoint an Administrator. So you make some estimations of the deceased’s estate. Section 2 of
the Administration of Estates (Small Estates) (Special Provisions) (Amendment of
Jurisdiction of Magistrates Courts) Order S.I 20/2009 and Section 207 of the Magistrate Court
Act Cap 16 provides civil jurisdiction of where to file the application.
Report the death of the deceased Section 4 of the Administrator General’s Act, Cap 157 This
may be done by requesting the local council chairperson where the Deceased used to reside to
make a report proving that the person actually Died by an ordinary letter addressed to the
Administrator General and must be accompanied by a death certificate.
Buy a file, the form must be filled with the Particulars in respect to the deceased’s estate by a
beneficiary or a person Conversant with the facts of the deceased.
Return file to the registry of Administrator General’s office to the registry, the Officer must
verify whether such a report has not been made before and upon Successful verification, the file
is sanctioned, opened and assigned to a state Attorney in the administrator general’s office.

5|Page
The Administrator General shall cause a meeting of all beneficiaries and stake Holders either at
its offices or delegate the same to sub county through CAO Or division through town clerk to
convene such a meeting and the family elect Persons to be granted certificate of no objection.

Where the Administrator general is satisfied with the recommended person(s) He /she shall issue
a certificate of no objection pursuant to Section 5 of the Administrator General’s Act Cap
157. But one has to note that in Small Estates there is no requirement for a Certificate of no
objection.
Section 235 Succession Act Cap162, specifically sub section 1, Jurisdiction to grant letters
of administration under this Act shall be exercised by the High Court and a magistrate’s
court in accordance with the Administration of Estates (Small Estates) (Special Provisions)
Act Cap 156. Section 2 of the Administration of Estates (Small Estates) (Special Provisions)
ActCap156, provides for jurisdiction in Magistrates Court for all those estates which don’t
exceed one hundred thousand shillings. However, in 2009 the jurisdiction was revised following
the enactment of Administration of Estates (Small Estates) (Special Provisions)
(Amendment of Jurisdiction of Magistrates Courts) Order 2009 to the jurisdiction of a
Magistrate under Section 207 of the Magistrate Court Act Cap 16.
STEP 3.
Preparation of the petition for letters of administration under section 246 of the Succession Act
Cap 162,This must be by a petition distinctly written in the English language, and stating—
i. the time and place of the deceased’s death;
ii. the family or other relatives of the deceased, and their respective residences;
iii. the right in which the petitioner claims;
iv. that the deceased left some property within the jurisdiction of the High Court or district
delegate to whom the application is made; and
v. the amount of assets which are likely to come to the petitioner’s hands, and, when the
application is to a district delegate, the petition shall further
vi. State whether the deceased, at the time of his or her death, resided within the jurisdiction
of the delegate.

Under Section 247 Succession Act Cap 162, The Petition is to be signed and verified by the
petitioner and his or her advocate, if any, and shall be verified by the petitioner in the following
manner or to the like effect. The petition must further be supported by a declaration to the effects
that the petitioner intends to faithfully administer the estate according to the law.

6|Page
The petitioner must appear before the commissioner for oaths to commission aforementioned
verification and declaration under section 5 of Commissioner Oaths Act Cap 5 and all
annexures must be identified and sealed.
STEP 4.
Assessment and payment of fees to the bank, Petition is Ugshs 6000/= The Judicature (Court
Fees, Fines and Deposits) Rules SI 13
STEP. 5.
Apply for the letters of administration.
STEP. 6
Publish the notice of application in the Gazette and in a newspaper which is of a wide
circulation. The purpose of this is to get any persons who may contest the application.
STEP.7
Fixing the date for identification, the Registrar after identification will forward the file to Judge.
STEP.8
Grant of letters of administration refers to section 159 Succession Act. Once the judge is
satisfied shall grant.
STEP. 9
Distribution of the estate.
The administrator will go ahead to distribute the properties accordingly.

STEP.10
File the inventory within 6 month from the date of grant and true account of the deceased estate
referred to Section 278 of the Succession Act Cap 162, and Rule 8 of the judicature
(Administration of the small estates) Rules S.I 13-7.This is a requirement by the administrator.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT LIRA

ADMINISTRATION CAUSE NO. _______OF 2022

7|Page
 IN THE MATTER OF THE ESTATE OF THE LATE YUVENTINE OLAL

OF NGETTA VILLAGE, LIRA DISTRICT

AND

IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF

ADMINISTRATION BY GAUDESIA OTOA (WIFE) OF THE DECEASED

NOTICE OF APPLICATION

TO WHOM IT MAY CONCERN

TAKE NOTICE that an application for Letters of Administration to the Estate of the late
YUVENTINO OLAL who was a resident of Ngetta village, Lira has been filed in this court
by GAUDESIA OTOA (WIFE) of the deceased.

This Court will proceed to grant the same if no caveat is lodged in this Court within
fourteen (14) days from the date of publication of this notice unless cause be shown to the
contrary.

Dated at Lira this 1st day of June, 2022

___________________________

REGISTRAR

Extracted by;

M/S B7 & Co. Advocates,

Plot 36, Kyadondo Road

8|Page
P.O Box 36522, Kampala-Uganda

Tel: +256777228810

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA HOLDEN AT LIRA

ADMINISTRATION CAUSE NO _______OF 2022

IN THE MATTER OF THE ESTATE OF THE LATE YUVENTINO OLAL

(DECEASED)

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY

GAUDESIA OTOA.

PETITION

I, GAUDESIA OTOA of the LATE YUVENTINO OLAL, formerly of Ngetta LC Lira, do

hereby petition this Honourable Court for grant of Letters of Administration to the Estate of the
LATE YUVENTINO OLAL who:

Died intestate on the 17th day of December 2021 at his residence in Ngetta LC1, Barapwo
country Lira District. (Attached hereto is the copy of the death Certificate marked “Annexure
A”.)

1. The deceased is survived by the following:

9|Page
 a) Widows namely:
Gaudesia Otoa

b) The following children:

i. Graham Olal Junior (son) aged 18 years old.
ii. Greyson Olal (son) aged 15 years
iii. Gabriella Olal (son) aged 14 years
iv. Genevieve Olal (daughter) aged 12 years
v. Gem Olal (daughter) aged 9 years
vi. Seven years old twins.
vii. A son to Pamela Nansinkombi.

c) The Deceased apart from the above named children had other dependents namely;
i. Serena Amanyo (his mother)
ii. Sarah Olal (his sister)
iii. Apophia Acan. (Girlfriend)

This petition is made by Gaudesia Olal (widow) to the deceased, with the consent of all
the beneficiaries and other family members. Certificate of no objection and minutes of
the meeting which authorized your Petitioner to apply for Letters of Administration (are
attached hereto and marked “ANNEXTURE B”).

2. THAT we believe that the value of the deceased’s estate is likely to be in excess of
UGX. 500,000,000 (Uganda Shillings Five hundred Million).

3. THAT the deceased left the following properties within the jurisdiction of this Honorable
Court:

10 | P a g e
 A. REAL PROPERTY

i. A matrimonial home in Ngetta lira district

ii. A home in Amugo
iii. A house in Soroti District
iv. A fixed farm of cattle and poultry a garden at Bala

B. MOVABLE PROPERTY

I. Five (5) taxies playing the lira- Kampala route

II. Two tipper lorries for hire

I, Gaudesia Otoa, the Petitioner do solemnly declare that what is stated herein is correct and
true to the best of my information, knowledge and belief

DECLARED at Kampala this 1st day

Of June 2022 by the said;

GAUDESIA OTOA _________________ (PETITIONER)

BEFORE ME

________________________________
A COMMISSIONER FOR OATHS

Drawn and filed by:

11 | P a g e
M/S B7& co Advocates,
Plot 36, Kyadondo Road,
P.O Box 36522, Kampala-Uganda
Tel: +256 777228810
Email: b7&codvocates.com

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA HOLDEN AT LIRA

ADMINISTRATION CAUSE NO _______OF 2020

IN THE MATTER OF THE ESTATE OF THE LATE YUVENTINO OLAL

(DECEASED)

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY

GAUDESIA OTOA

DECLARATION ON PETITION FOR LETTERS OF ADMINISTRATION

I, GAUDESIA OTOA, of c/o M/S B7& Advocates, Plot 36, Kyadondo Road, P.O Box
36522,Kampala-UgandaTel: +2156 393 20 65 10Email: info@B7&coadvocates.com
do solemnly make oath and declare as follows:
1. THAT I am the widow of the deceased the Late YUVENTINO OLAL.

12 | P a g e
 2. THAT the deceased died intestate on the 17th day of December, 2021 at his residence in
Ngetta LC1, Barapwo County, Lira District.

3. THAT I will faithfully administer the estate and the effects of the deceased by paying his
just debts and distributing the residue of his estates according to the law.

4. THAT I will exhibit a true and perfect inventory of all and singular property of the said
estate and effects and render just and true account thereof whenever required by law to do
so.

5. THAT I make this solemn declaration conscientiously, believing the same to be true and
correct.

DECLARED at Kampala this 1st day

Of June 2022 by the said GAUDESIA OTOA ______________________
PETITIONER

BEFORE ME
________________________________
A COMMISSIONER FOR OATHS
Drawn and filed by:
M/S B7& co Advocates,
Plot 36, Kyadondo Road,
P.O Box 36522, Kampala-Uganda
Tel: +256 777228810
THE REPUBLIC OF UGANDA

13 | P a g e
 IN THE HIGH COURT OF UGANDA HOLDEN AT LIRA

ADMINISTRATION CAUSE NO _______OF 2020

IN THE MATTER OF THE ESTATE OF THE LATE YUVENTINO OLAL

(DECEASED)

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY

GAUDESIA OTOA

ADMINISTRATION BOND 

I, Gaudesia Otoa (Widow), the intended administrator of all the property and personal effects of
the Late Yuventino Olal (Deceased), will when lawfully called upon in that behalf make a true
inventory thereof, and truly administer the same according to law, and to make a just and true
account of the said estate whenever required by law to do so and to deliver and pay unto such
person or persons as shall be entitled.

If it shall hereafter appear that any Will was made by the deceased, and the executors herein
named do apply for probate, thereof the said Gaudesia Olal being thereunto required to deliver
up the said letters of administration, then the obligation to administer the estate shall be void

Signed and dated at Kampala this 1st day of June 2022

By the said;

GAUDESIA OTOA

___________________

DEPUTY REGISTRAR

14 | P a g e
Drawn and filed by:
M/S B7& co Advocates,
Plot 36, Kyadondo Road,
P.O Box 36522, Kampala-Uganda
Tel: +256 777228810
Email: b7&codvocates.com

TASK (d)
Supposing Gaudesia Otoa, applied for the Grant in the High Court of Uganda for Probate and
Administration Cause No. 002/2022 but has been informed that Pamela has caveated her
application. Advise her on the steps she should take in the circumstances outlining the procedure
and documents required.
The Steps Gaudesia should take are;
(i) Statutory notice to caveator

Section 255(2) of the Succession Act Cap 162 (as amended) provides that where a caveat is
lodged in respect of a petition for probate or letters of administration, court shall suspend the
proceedings in the matter until the caveat has been withdrawn, lapsed or a suit for the removal of
the caveat has been filed and determined by court. This was illustrated in Margret Kabahunguli
v. Eliazari Tebekinga & Anor HCCA No. 08/95, where it was held that notice must be effected
on the Caveator notifying him or her of an intended suit should she fail/ refuse to remove the
Caveat.
Therefore, Gaudesia would serve a statutory notice on Pamela informing her that she will
proceed to institute against her should she (Pamela) not vacate the caveat within the prescribed
number of days.
(ii) Institution of an Ordinary Suit

Order 4 rule 1 of the Civil Procedure Rules provides that every suit shall be instituted by
presenting a Plaint to the Court or such Officer as it appoints for this purpose.
Section 265(1) of the Succession Act (as amended) stipulates that the procedure in contentious
cases shall take the form of a regular suit according to the provisions of the law relating to civil
procedure.
(iii) Payment of Court fees

15 | P a g e
Rules 4 & 5 of the Judicature (Court Fees, Fines & Deposit) Rules
(iv) Extract summons to file a defense and serve the Defendant pursuant to O.5 of the
CPR.
(v) File an affidavit of service in accordance with O.5r.16.

Therefore, basing on the facts at hand, Gaudesia Otoa should file an Ordinary suit seeking
removal of the Caveat.
The documents required include;
1. Notice to caveator as per Section 255(2) of the Succession Act (as amended).

2. Ordinary plaint as per Order 4 rule 1 of the Civil Procedure rules and Section 265(1) of
the Succession Act respectively.

3. Summary of evidence.

4. Summons to file a defence.

5. Affidavit of Service O.5 r.16

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT LIRA
HCCS No. ………. …..… of 2022
GAUDESIA OTOA ………..…………………………………………………PLAINTIFF
VERSUS
PAMELA NANSINKOMBI……………………………………………….. DEFENDANT
PLAINT
(Under s. 255A (1) of the Succession Amendment Act, 2022 & O.4 r.1 of the CPR S.I 71 -I)
1. The Plaintiff is a female adult Ugandan of sound mind, whose address of service for this
suit shall be C/o M/s Firm B7 & Co. Advocates, Plot 2, Juba Road, P.O Box 7117, Lira
City.

2. The Defendant is a female adult Ugandan presumed to be of sound mind. The Plaintiff’s
Advocates undertake to effect service of court process on her.

16 | P a g e
 3. The Plaintiff brings this suit against the Defendant for removal of the caveat lodged
against the grant of letters of administration vide Probate and Administration Cause
No.002 of 2022.

4. The facts constituting the cause of action arose as follows: -

a) The Plaintiff is the lawful wife to the late Yuventino Olal having solemnized their
marriage at Lira Church of Jesus Christ in 1999. (A copy of the Marriage
Certificate is hereto attached and marked “A’’).

b) The P and the deceased bore five issues in their marriage namely Graham Olal
junior, aged 18, Greyson Olal aged 15, Gabriella Olal aged 14, Genevieve Olal
aged 12 and Gem Olal aged 9. (Copies of each child’s Birth Certificate is
hereto attached and marked B’, C’, D’, E’ and F’ respectively).

c) The late Yuventino Olal died intestate having made a video recorded will in
December 2021 and was buried on the 20th January, 2022. (A copy of the Will on
a CD is herewith attached and marked G’).

5. That a notice of application for grant of letters of administration was published in the
New Vision dated 22nd January, 2022. (A copy of the Newspaper printout is hereto
attached and marked I’)

6. At the lapse of the fourteen days after issue of the notice, I being the lawful wife, applied
for letters of administration in the High Court of Uganda vide High Court Probate and
Administration Cause No.002 of 2022. (A copy of the application for grant of letters of
administration is hereto attached and marked ‘H’).

7. The Plaintiff was duly informed by the High Court that the Defendant had lodged a
caveat against the grant of letters of administration with the same court.

8. The Plaintiff being the lawful widow of the deceased is the most suitable person to be
granted letters of administration and not the Defendant.

9. The cause of action arose within the jurisdiction of this Honourable Court.

WHEREFORE, the Plaintiff prays that judgment be entered in her favour against the Defendant
for the following reliefs:-
a) A declaration that the Plaintiff is the rightful person to be granted letters of
administration.

b) An order that the caveat lodged by the Defendant be removed and the Plaintiff be granted
letters of administration.

17 | P a g e
 c) Permanent injunction restraining the Defendant or her agents from interfering with the
Plaintiff’s powers to administer the estate of the deceased.

d) General damages against the Defendant.

e) Costs of the suit.

f) Any other remedy this Honourable Court deems fit.

DATED at Lira, this 1st day of June, 2022.

.................................................
COUNSEL FOR THE PLAINTIFF

Drawn & Filed By;

M/s Firm B7 & Co. Advocates,
Plot 2, Juba Road,
P.O Box 7117, Lira City

Summary of Evidence
THE REPUBLIC OF UGANDA
IN THE HIGH-COURT OF UGANDA HOLDEN AT LIRA
CIVIL SUIT NO........... OF 2022
GAUDESIA OTOA………………………………………………………..PLAINTIFF
VERSUS
PAMELA NANSIKOMBI………………………………………………..DEFENDANT
SUMMARY OF EVIDENCE
(Under Order 6 Rule 3 Civil Procedure Rules S1-71)
The Plaintiff shall adduce evidence to prove that she is the lawful wife to the late Yuventino Olal
having solemnised their marriage at Lira Church of Jesus Christ in 1999. The Plaintiff shall
prove that the Defendant’s marriage to the late Yuventino Olal is invalid. The Plaintiff shall
further prove that she is the best suited person to administer the said estate.

18 | P a g e
LIST OF WITNESSES
1. The Plaintiff
2. Any other with leave of court
LIST OF DOCUMENTS
1. Application for Letters of Administration by Gaudesia Otoa
2. Statutory Notice to the Defendant
3. A Marriage Certificate of Gaudesia Otoa and Yuventino Olal
4. Any other with leave of Court
LIST OF AUTHORITIES
1. The 1995 Constitution of the Republic of Uganda, as amended.
2. The Succession Act, Cap 162
3. The Succession (Amendment) Act, 2022
4. The Administrator General’s Act, Cap 157
5. The Civil Procedure Act, Cap 71
6. The Civil Procedure Rules, S.I 71-1
7. The Judicature (Administration of Estates) Rules, S.I 13-7
8. Case Law
9. Any other with leave of Court
Dated at LIRA this 1st Day of June, 2022.
……………………………………..
COUNSEL FOR THE PLAINTIFF
Drawn By:
M/s Firm B7 & Co Advocates,
Plot 2, Juba Road,
P. O BOX 7117, Lira

19 | P a g e
Summons to File a Defence
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT LIRA
HCCS NO........... OF 2022
GAUDESIA OTOA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
PAMELA NANSIKOMBI :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
SUMMONS TO FILE A DEFENCE
(Under Order 5 rule 1 Civil Procedure Rules SI-71-I)
TO: PAMELA NANSIKOMBI
WHEREAS the above mentioned Plaintiff has instituted a suit against you upon the claim, the
particulars of which are set out in the copy of the plaint attached hereto.
YOU ARE HEREBY required to file a defence in the said suit within FIFTEEN (15) days from
the date of service of summons on you in the manner prescribed under the Civil Procedure Rules.
Should you fail to file a defence on or before the mentioned date, the Plaintiff may proceed with
the suit and judgment may be given in your absence.
GIVEN under my hand and the seal of this Honourable Court this........... day of ............., 2022.
........................................
REGISTRAR
Extracted By;
M/s Firm B7 & Co Advocates,
Plot 2, Juba Road,
P. O BOX 7117, Lira

What is the appropriate action to enable Vitali Kasparov’s family to utilize the letters of
administration in Uganda?
Mr. Vitali Kasaparov is a Ukrainian national who had property in Uganda and his family
obtained letters of administration with respect to his estate. In such cases, the appropriate action
is to apply for a reseal of the letters of administration.

20 | P a g e
Section 2 of the Probate (Resealing) Act, Cap 160 (as amended in 2021) stipulates that where
a court of any country other than Uganda has granted probate or letters of administration in
respect of the estate of a deceased person, the probate or letters so granted may, on being
produced to, and a copy deposited with, the High Court, be sealed with the seal of that court, and
thereupon shall be of the like force and effect, and have the same operation in Uganda as if
granted by that court.
The import of the amendment was to widen the scope of who could apply for a reseal of probate
or a reseal of letters of administration. Prior to the amendment of section 2 of the Act, only
persons who obtained a grant of probate or letters of administration from a court of probate in a
Commonwealth country or a British Court in a foreign country could apply. In Delahaije Joseph
Julius Gertrude v. Kasolo Robin Ellis and Kisembo John Administration Cause No. 1558 of
2018, the deceased, in his will, had stipulated that his estate be governed by ‘the laws of the
Netherlands as the exclusive inheritance law’ and a grant probate in respect of the estate was
obtained by the applicant, from the High Court of Kenya at Nairobi where the deceased worked
and was domiciled. The High Court of Uganda held that the grant of probate issued under the
Succession Laws of Kenya could not be resealed by the court as that would be contrary to the
wishes of the deceased. In essence, while the grant of probate had been obtained from a
commonwealth country, the court could not enforce it as the will was governed by laws of a non-
commonwealth country. However, this position has changed and a reseal of the letters of
administration can be obtained by Mr. Vitali Kasparov’s administrators even though the letters
of administration are from Ukraine.
Section 3(2) and 3(3) of the Probate (Resealing) Act, Cap 160 (as amended in 2021) provide
that probate or letters of administration granted by a court of a country other than Uganda shall
only be resealed in a court of Uganda where the relevant law under which the letters of
administration or grant of probate was obtained in that country is not contrary to the Succession
Act, Cap. 162, the Administration of Estates (Small Estates) (Special Provisions) Act, Cap. 156
or the Estate of Missing Persons (Management) Act, Cap. 159 and the laws of that country allow
the enforcement, within that country, of letters of administration or probate obtained in courts of
law in Uganda. Thus, the application must indicate that the laws of the foreign country are not
contrary to the succession laws of Uganda and also recognize the letters of administration or
grant of probate from the Courts of Uganda. This is meant to ensure the High Court can
exercise its powers granted under the Constitution and uphold the sovereignty of Uganda’s
courts such that the High Court seal is not reduced to a mere rubber stamp in such matters.
[Delahaijie v. Kasolo and Another (supra)]. However, section 3(4) of the Probate
(Resealing) Act, Cap 160 (as amended in 2021) provides that letters of administration or
probate granted in the East African Community Member States are not subjected to the
conditions laid down in Section 3 of the Act.
On the facts of our case, unless it is expressly indicated that Ukrainian succession law is contrary
to the laws of succession of Uganda or that Ukrainian laws do not recognise letters of

21 | P a g e
administration or probate granted in Uganda, Mr. Vitali Kasparov’s administrators can
successfully obtain a reseal of the letters of administration.
Procedure required for probate resealing.
This procedure is found under the Probate Resealing Rules.
According to Rule 3, an application is made to the Chief Registrar of High Court at Kampala.
The application is accompanied by;
i. The grant to be resealed and a copy of the will if any.
ii. Certificate of payment of probate duty.
iii. In the case at hand where the applicant has L.O.A, that security has been given in a
sum sufficient in amount to cover the property.
iv. If an applicant is acting under Power of Attorney, the instrument creating the power of
attorney.
Rule 4 provides that the registrar may require an advertisement of the application and this is
done Form B in the schedule to the rules.
An oath supporting the application may be required and it’s done with Form C in the schedule to
the rules.
In Delahaije V Kasolo & Anor Administration Cause No. 1558 of 2018, advertisement of the
notice to reseal opens doors wide to allow any person with any question of contention to respond
to the notice of court. The matter ceases to be one between the applicant and the court, the scope
is now extended to include 3rd parties with valid claims.
The fees upon making an application are provided for in Rule 5.
Identification session before the Chief Registrar just before resealing of the letters of probate/
letters of administration.
As per Rule 6, the endorsement order is made by the registrar after resealing the grant and
signing of that grant takes place on that date.
The sealed grant is then returned to the applicant or his or her advocates after paying the
prescribed fees according to Rule 7.
Documents.
Notice of motion
Affidavit in support
Alternatively (by Letter to be clarified in class)
Attach Bond/security has been given in a sum sufficient in amount to cover the property.

22 | P a g e
Certificate of payment of probate duty. (If its letters of probate which is not our case per se).
Form A – Administration bond on application for resealing of grant.
FIRM B7 PARTICIPATION SHEET
NAME SIGNATURE
1. ABUDALAH AZIZ WAIBI

2. AGOE FAITH HELLEN

3. APAKO MACKLINE

4. APOLOT CINDY

5. BABIRYE RITAH NAMPALA

6. BAHATI NASUR

7. BYARUHANGA ABBAS

8. CHELANGAT MERCY
9. EGESA IVAN

10 ESOMU SIMON PETER

.
11 KANYANGE PHIONAH

12 KEINOMUGISHA JOSINA N

13 KOMUJUNI Bronia

14 KYESWA MAKKIYYU

15 MIIRO ABDULRASHAADI

16 MUGABI MARTHA TRACY

17 MUHWEZI Edridah

23 | P a g e
 18 MULEMA SADAT

19 MUSAZI GEOFREY

20 MUWONGE UKASHA

21 NAGAWA MUNIRAH

22 NAKITENDE SHARITA MUNULO

23 NAMAKULA Aidah Kizza

24 NAMANYA Isaiah

25 NAMUGGA JAUHARA

26 NANSUBUGA Halimah
27 NDAULA KENNETH BABUMBA
28 NYARUBONA NORMAN

29 OKENY Natalie Aciro

30 ONDOMA Godfrey

31 OPINDENI NOAH P DRAGUDI

32 RUHAYANA Winston

33 SSEKABIRA ARAFAT

34 TOSKIN David Chebet

35 TOTO SHEILA EDITH

36 TWIHEREWE Bruno

37 UWIMANA Mahoro Faith

24 | P a g e
 38 KIREETWA HERBERT
39 NUWAINE DERRICK ND

END

25 | P a g e