Overview The case emphasizes the law relating to the legality & validity of a sale of part or whole of a deceased's estate by a beneficiary who has no letters of administration.
The court affirmed that, generally, a beneficiary cannot sell a deceased's property without letters of administration, exceptional cases may arise where justice demands upholding the sale as valid.
This occurs when the parties' conduct acknowledges the sale, but beneficiaries later dispute it.
The court relied on Dr. Diana Kanzira vs Herbert Rwanchwende & AnorCACA No. 81 of 2020 and held that a beneficiary can sell their interest without prior consent or authorization, and acquiescing beneficiaries cannot later deny the seller's authority.
Representation
Mr. Gad Batala of M/S Sowali Katamba & Co. Advocates represented the appellants. While Mr. Kabuye Lawrence of M/S Lukwago & Co. Advocates represented the respondent.
Before: Justice Bernard Namanya
Brief Facts
Peter Kiggundu died in 1988 and his widow Dezi Kiggundu, without letters of administration took over the management of the estate.
She in 2001 sold part of the estate land to Alex Ochan and in April 16 2003 proceeded to sell part to the respondent who took possession of the land and constructed thereon a house in 2005/2006.
Ten years after the selling of the land to the respondent(2013), Dezi Kiggundu died thus the dispute between the appellant and the respondent with the respondent accusing the appellants of trespass.
The appellants inter alia argued that the suit land formed part of their deceased father's estate and that their mother Dezi Kiggundu had no authority to sell any part of their father's estate, because she had no letters of administration.
The respondent's argument was that despite lacking letters of administration, the late Dezi Kiggundu had authority to sell to him, as she evidently had on a prior occasion sold to a one Alex Ochan in 2001, which sell is not disputed by the appellants.
Grounds For Appeal
One of the grounds for appeal was that the Learned trial magistrate grade 1 erred in fact when she failed to hold that the suit land forms part of the estate of the appellant's late father Peter Kiggundu.
Court was set to determine whether, having dealt in the estate of the late Peter Kiggundu and sold some of the estate land in the capacity of beneficiaries of the estate for about 25yrs, the appellants could turn around asserting that some of the sales effected during that period are invalid because they had no letters of administration.
Holding
The Learned Judge dismissed the appeal, upholding the judgment of the trial magistrate that the sale in the instant case though without letters of administration was valid.
Ratio Decedendi
Justice Benard Namanya, citing the case of John Kihika & Anor v Absolom Tinkamanyire Court of Appeal CA No.86 of 2014 noted that the general principle at law is that without grant of letters of administration, no person has any right whatsoever to sell or otherwise deal with property of a deceased person.
The Learned Judge however emphasized that the above rule is subject to exceptions for instance, where the conduct of the parties is such that a sale of land by the beneficiary is generally acknowledged to have taken place, but the beneficiary of the estate turn around to deny the validity of the sale on grounds of lack of letters of administration.
He futher, cited the case of Dr. Diana Kanzira v Herbert Rwachwende & Anor CA no.81 of 2020 where Justice Catherine Bamugemereire( JA as she then was) and Justice Muzamiru Mutangula Kibeedi(JA) unanimously held that a beneficiary has legal capacity to validly dispose of his or her beneficial interest without notice or prior consent or authorization by the holder of letters of administration.
Conclusion
The case re-emphasizes the decision in earlier courts that a sale by a beneficiary of their interest in the deceased's estate is valid.
FARIDAH N. TSWALIK
Finalist of Law at Islamic University in Uganda (IUIU)
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