[2005] UGHCFD 1
The court found that the applicants' interests in the estate were at risk due to the respondent's partiality and omission of a beneficiary. The absence of opposition and the respondent's unexplained absence at the hearing justified the appointment of a neutral administrator. The court held that appointing the...
Source-derived case information.
- Citation
- [2005] UGHCFD 1
- Parties
- Applicant: Madina Magolo; Applicant: Nalweyiso Yudaya; Respondent: Kasifa Magolo Najuma
- Court
- HC: Family Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Misc. Application No.0145 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application_granted
- Judges
- Muhanguzi, J
- Legal Topics
- Estate Administration, Letters of Administration, Children Rights, Neutral Administrator
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Madina Magolo
Applicant
Nalweyiso Yudaya
Applicant
Kasifa Magolo Najuma
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicants are entitled to protection of their interests in the estate of the late Abasa Magolo.
- 2 Whether the appointment of a neutral administrator is necessary to ensure impartial administration of the estate.
- 3 Whether the respondent's absence and failure to oppose the application affects the outcome.
Ratio Decidendi
The court found that the applicants' interests in the estate were at risk due to the respondent's partiality and omission of a beneficiary. The absence of opposition and the respondent's unexplained absence at the hearing justified the appointment of a neutral administrator. The court held that appointing the Administrator General as administrator pendente lite would ensure impartial administration and protect the interests of all beneficiaries, without prejudicing the respondent.
Court Disposition
application_granted
Orders
- The Administrator General is appointed Administrator of the estate of Abasa Magolo pendente lite.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT MBALE**
**MISC. APPLICATION NO.0145 OF 2004**
**ARISING FROM**
**PROBATE AND ADMINISTRATION CAUSE NO. 004 OF 2004**
**IN THE MATTER OF THE ESTATE OF THE LATE ABASA MAGOLO OG KIGUDYA, BUNYAJA, BUTEEZA, MBALE**
**MADINA MAGOLO AND**
**NALWEYISO YUDAYA…………………………………….. APPLICANTS**
**VERSUS**
**KASIFA MAGOLO NAJUMA…………………………………RESPONDENT**
**BEFORE THE HON. MR. JUSTICE E. K. MUHANGUZI**
**RULING**
I have studied the papers on this file carefully. The applicants appears to complain about the potential and actual loss of care and benefit from the person who applied for Letters of Administration who is the mother of 5 of the children out of 10 children left by the deceased. That another child, Shafiq, was not named in the application by the respondent. These children currently are not getting support for subsistence and school fees. The respondent is represented by Counsel who applied for and was supplied proceedings in this matter on 5/1/2005 and was served for today’s hearing. However, notwithstanding Counsel’s being on suspension no papers have been filed on record in opposition to this application. Also respondent’s absence at today’s hearing is not explained. So in the interest of justice and of the applicants’ benefit from the estate, I am unable to grant an adjournment. I think what is sought for in this application if granted, will in no way prejudice the respondent. Both parties’ interest in the estate will be impartially cared for by the estate being administered by a neutral party.
Accordingly I order that the administrator General be appointed Administrator of this estate of Abasa Magola Pendente lite. No order as to costs in view of the fact that this application was not opposed.
E. K. MUHANGUZI
A. G. JUDGE
23/3/05