The Magistrates’ Courts Act

1.-(l) The jurisdiction of a primary court in the administration of deceased’s estates, where the law applicable to the administration or distribution or the succession to, the estate is customary law or Islamic law, may be exercised in cases where the deceased at the time of his death, had a fixed place of abode within the local limits of the court's jurisdiction: Provided that, nothing in this paragraph shall derogate from the jurisdiction of a primary court in any proceedings transferred to such court under Part V of this Act. (2) A primary court shall not appoint an administrator of a deceased's estate- (a) in respect of an estate to which the provisions of the Probate and Administration of Estates Act are applicable or of which a grant of administration has been made under that Act, or of which the administration is undertaken by the Administrator-General under the Administrator-General (Powers and Functions) Act; or (b) where the gross value of the estate does not exceed Shs.1,000/- unless the court is of the opinion that such an appointment is necessary to protect the creditors or beneficiaries. Powers of courts

2. A primary court upon which jurisdiction in the administration of deceased's estates has been conferred may- (a) either of its own motion or an application by any person interested in the administration of the estate appoint one or more persons interested in the estate of the deceased 89 The Magistrates’ Courts Act [CAP. 11 R.E. 2019] to the administrator or administrators, thereof, and, in selecting any such administrator, shall, unless for any reason it considers in expedient so to do, have regard to any wishes which may have been expressed by the deceased; either of its own motion or on application by any person interested in the administration of the estate, where it considers that it is desirable so to do for the protection of the estate and the proper administration thereof, appoint an officer of the court or some reputable and impartial person able and willing to administer the estate to be administrator either together with or in lieu of an administrator appointed under sub-paragraph (a); revoke any appointment of an administrator for a good and sufficient cause and require the surrender of any document evidencing his appointment; (b) (c) (d) make orders as to the administration of the estate, and, in particular but without prejudice to the generality of the foregoing, as to the law to be applied in the distribution of the estate and as to advertising for creditors; require an administrator to sign an undertaking to administer the estate faithfully; require an administrator to give security for the due administration of the estate; (e) (f) (g) make orders as to the payment of the share in the estate of any minor or other person under a disability to a relative or other suitable person for the maintenance or otherwise for the use of such minor or person under a disability, or with the consent of the Public Trustee, to the Public Trustee; or (h) make any order which it has power to make under this Act in cases of a civil nature. conflicts Consequences of revocation

3. Where the High Court has directed that the Probate and Administration Ordinance shall apply to an estate of which an administrator has been appointed by a primary court, the primary court shall, upon receiving notice to that effect from the High Court revoke the appointment of such administrator and require the surrender of any document evidencing his appointment.

4. Where an appointment of an administrator is revoked by a primary court- 90 The Magistrates’ Courts Act [CAP. 11 R.E. 2019] (a) (b) all payments bona fide made to the administrator before the revocation thereof shall, notwithstanding such revocation, be a legal discharge to the person making the same; and the administrator who shall have acted may retain and reimburse himself out of the assets of deceased state in respect of any payments made by him which an administrator may lawfully make. PART II POWERS AND DUTIES OF ADMINISTRATORS APPOINTED BY PRIMARY COURTS General duties of administrator

5. An administrator appointed by a primary court shall, with reasonable diligence, collect the property of the deceased and the debts that were due to him, pay the debts of the deceased and the debts and coasts of the administration and shall thereafter distribute the estate of the deceased to the persons or for the purposes entitled thereto and, in carrying out his duties, shall give effect to the directions of the primary court. Proceedings

6. An administrator may bring and defend proceedings on behalf of the estate. Receipts Loss

7. A receipt issued by an administrator shall constitute a good discharge to any debtor paying his debtor and to any person delivering the property of the deceased to the administrator.

8. An administrator who misapplies the estate of the deceased or subjects it to loss or damage shall be liable to make good such loss or damage, and administrator who occasions loss to the estate by neglecting to get in any part of the property of the deceased shall be liable to make good the amount. No obligation to advertise Cap. 4 s.8

9. Where an administrator makes inquires which, in the circumstances of the case, are reasonable as to the debts of the deceased he shall not be obliged to advertise for crudities unless so directed by the primary courts. Distribution of assets

10. An administrator who distributes the assets in discharge of the such lawful claims as he knows of and, after not less than three months after the death of the deceased, distributes the remaining assets among the persons or for purposes entitled thereto, and who gives 91 The Magistrates’ Courts Act [CAP. 11 R.E. 2019] effect or complies with the directions of the court (if any), shall not be liable for those assets to any person of whose claim had no notice at the time of such distribution: Provided that, nothing in this paragraph shall prejudice the right of any creditor to assets at the time of such distribution. Account

11. After completing the administration of the estate and, if the primary court orders, at any other stage of the administration, the administrator shall account to the primary court for his administration. _____________________ 92