[2004] UGHCCD 1
The court entered judgment in accordance with the consent order signed by all parties, finding that the revocation of the defendant's letters of administration and the grant of fresh letters to the named individuals was justified and agreed upon. The court relied on the principle that consent judgments are binding...
Source-derived case information.
- Citation
- [2004] UGHCCD 1
- Parties
- Plaintiff: Mariam Nanteza; Plaintiff: Maya Nbakayiza; Plaintiff: Nsubuga Mohammed; Plaintiff: Nalwoga Zam; Defendant: Mubiru Nalongo
- Court
- HC: Civil Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No.709/2003
- Procedural Posture
- Civil Suit / Final Order
- Outcome
- judgment entered by consent; letters of administration revoked and fresh grant issued
- Judges
- Rwamisazi-Kagaba, J
- Legal Topics
- Letters of Administration, Revocation of Grant, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mariam Nanteza
Plaintiff
Maya Nbakayiza
Plaintiff
Nsubuga Mohammed
Plaintiff
Nalwoga Zam
Plaintiff
Mubiru Nalongo
Defendant
Procedural Posture
Civil Suit / Final Order
Legal Issues
- 1 Whether the letters of administration previously granted to the defendant should be revoked.
- 2 Whether a fresh grant of letters of administration should be issued to the persons named in the consent order.
Ratio Decidendi
The court entered judgment in accordance with the consent order signed by all parties, finding that the revocation of the defendant's letters of administration and the grant of fresh letters to the named individuals was justified and agreed upon. The court relied on the principle that consent judgments are binding and enforceable, and that the administration of estates should be conducted by persons agreed upon by the interested parties. The court further ordered that costs be paid as per the terms of the consent.
Court Disposition
judgment entered by consent; letters of administration revoked and fresh grant issued
Orders
- Judgment is entered on the terms set out in the consent order dated 22/1/2004.
- The letters of administration granted to the defendant in Entebbe Chief Magistrate’s Court – Administration Cause No. 11/2000 are revoked.
Full Case Text
Judgment text and source record
17 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA**
**CIVIL SUIT NO.709/2003**
1. **MARIAM NANTEZA** 2. **MAYA NBAKAYIZA** 3. **NSUBUGA MOHAMMED** 4. **NALWOGA ZAM::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF**
**VERSUS**
**MUBIRU NALONGO:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::DEFENDANT**
**BEFORE: HON. MR. JUSTICE V. A. R. RWAMISAZI-KAGABA**
**ORDER**
**Court:**
Upon reading the consent signed by all the parties to the suit, and, upon receiving the submissions of Counsel for the plaintiffs in support of the consent. It is ordered b this court that judgment be entered on the terms set out in the consent order dated 22/1/2004.
The letters of administration that were granted to the defendant vide Entebbe Chief Magistrate’s Court – Administration Cause No. 11/2000 are hereby revoked; a fresh grant of letter of administration in respect of the state of Shaban Mubiru Salongo is hereby granted to the persons named in the consent, and these are:
1. Hadija Mubiru Nalongo 2. Mariam Ndagire 3. Zam Nalwoga and 4. Nsubuga Mohamed.
The costs shall be paid in terms of the consent.
Dated this 26th day of February 2004
V. A. R. Rwamisazi-Kagaba
Judge
26/2/2004