[2003] UGHCCD 1
The court entered judgment based on the memorandum of settlement agreed upon by the parties under Order XII rule 7 of the Civil Procedure Rules. The caveat filed by the defendant was vacated, and letters of administration to the estate of Natukwasa Alex were granted to the plaintiffs. The distribution of the...
Source-derived case information.
- Citation
- [2003] UGHCCD 1
- Parties
- Plaintiff: Joseph Kazumura; Plaintiff: Mujuni Joseph; Defendant: Jovia Kyatuhaire
- Court
- HC: Civil Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- CV-Civil Suit No. 292 of 2002
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- judgment entered by consent; suit settled on agreed terms
- Judges
- Rwamisazi-Kagaba, J
- Legal Topics
- Letters of Administration, Caveat Vacation, Distribution of Estate, Property Allocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kazumura
Plaintiff
Mujuni Joseph
Plaintiff
Jovia Kyatuhaire
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the caveat lodged by the defendant against the grant of letters of administration should be vacated.
- 2 Whether the plaintiffs are entitled to letters of administration to the estate of Natukwasa Alex.
- 3 How the estate and property of the deceased should be distributed among the parties.
Ratio Decidendi
The court entered judgment based on the memorandum of settlement agreed upon by the parties under Order XII rule 7 of the Civil Procedure Rules. The caveat filed by the defendant was vacated, and letters of administration to the estate of Natukwasa Alex were granted to the plaintiffs. The distribution of the deceased's estate was effected according to the terms agreed by the parties, recognizing the defendant's entitlement to specific properties as the widow and allocating other assets to the plaintiffs. The settlement resolved all issues between the parties, and each party was ordered to bear their own costs.
Court Disposition
judgment entered by consent; suit settled on agreed terms
Orders
- The caveat filed by the defendant against the grant of letters of administration in Administration Cause No. 325/2002 is vacated.
- Letters of administration to the estate of Natukwasa Alex are granted to the plaintiffs.
Full Case Text
Judgment text and source record
22 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA CV-CIVIL SUIT NO. 292 OF 2002**
**1. JOSEPH KAZUMURA**
1. **MUJUNI JOSEPH :::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFFS**
**Versus**
**JOVIA KYATUHAIRE :::::::::::::::::::::::::::::::::: DEFENDANT**
i
**BEFORE: HON. MR. JUSTICE V. A. R. RWAMISAZI-KAGABA**
JUDGMENT
The first and second plaintiffs in this case are father and brother to the late Natukwasa Alex (deceased) while the defendant is the widow of the deceased. The defendant sought to stop the court granting letters of administration which the plaintiffs had applied for as father and brother of late Alex Natukwasa under Administration Cause No. 325/2002 by lodging a caveat against the grant. The defendant claimed to be the widow while the plaintiffs denied this and sought, through the present suit, to have the caveat vacated by the defendant.
Maxim Mutabingwa appeared for the plaintiffs while Anthony Ahimbisibwe appeared for the defendant.
On the 20/1/2003 the parties agreed to settle the case on the terms set out in the
memorandum of settlement recorded by the court under Order XII rule 7 of the
Civil Procedure Rules.
***See: Khimji vs. Bakari (1968) EA 685 (K)***
Judgment is therefore entered for both the plaintiffs and the defendant on the
following agreed terms:
1. That the caveat filed by the defendant against the grant of letters of administration in Administration Cause No. 325/2002 be vacated. 2. That the letters of administration to the estate of Natukwasa Alex be granted to the plaintiffs. 3. That the following properties, to wit, a double-decker bed, bookshelf, the books in the bookshelf and the camera in the defendant's possession be handed over to the second plaintiff, Mujuni Joseph. 4. That motor - vehicle- registration No. UAD 070K shall be retained and owned by the defendant, and the same (vehicle) shall be registered in her names. 5. That the unregistered plot of land at Nansana-West - (2) LC 1, measuring fifteen feet by forty-five feet (15' x 45') shall be owned by the defendant. 6. That the defendant shall pay to the plaintiffs (jointly) Shs. U. 1,500,000/- (Shillings one million, five hundred thousand only) on or before the 20th day of February 2003. 7. That, although the house at Nansana - West 2 zone, in which the deceased Natukwasa Alex, lived and cohabited with the defendant, is not the subject of
and an issue-in this suit, the same shall be owned by the defendant, as a sole owner and to the exclusion of any other person or claimant.
1. That each party to this suit shall be his or her own costs.
Dated at Kampala, the 20th day of January 2003.
V. A. R. RWAMISAZI-KAGABA JUDGE 20/1/2003