Brief facts
The applicants and respondent are siblings, children of the late Wamboya Muhammad, who died on May 6, 2022. The respondent claims their father left a will appointing him as heir, and he obtained letters of probate on December 7, 2022. The applicants, however, assert that they filed for administration of the estate on March 30, 2023, after receiving a certificate of no objection from the Administrator General. The respondent objected, citing his prior letters of probate. The applicants then filed a revocation application and a civil suit, while the respondent instituted a new administration cause and a civil suit against the applicants. The applicants now seek to strike out the respondent's petition, alleging abuse of process, and seek costs. The respondent argues that the applicants are attempting to fraudulently obtain the estate and that the issue will be resolved in the pending civil suit.
Representation.
Counsel Kisambira Isma represented the Applicants whereas Counsel Nappa Godfrey represented the Respondent
Primary Issue for Determination
Whether the institution of Administration Cause No. 066 of 2023 amounts to an abuse of court process?
Before: Justice Lubega Farooq Holding Justice Lubega Farooq referenced Section 98 of the Civil Procedure Act, which allows the court to make orders necessary for the ends of justice and to prevent abuse of process.
The judge cited a case Dnyandeo Sabaji Naik v. Pradnya Prakash Khadekar, 2017 where the court emphasized the importance of preventing abuse of process and the importance of deterring litigants from abusing judicial processes, noting that frivolous and groundless filings clog the system and impede genuine cases.
In this particular case, the Respondent initially obtained letters of probate on December 7, 2022, from the Chief Magistrate Court of Mbale. Subsequently, the Applicants filed for letters of administration over the same estate in March 2023, which led to the Respondent lodging a caveat. The Applicants then sought to revoke the Respondent's letters of administration in June 2023.
Justice Farooq concluded that the Respondent's actions constitute an abuse of the court process, as he filed for new letters of administration before the earlier grant was revoked. This violates the principles set out in the referenced authority, underscoring the need for the court to address such misuse of judicial resources firmly.
It is also important to note that as clearly elaborated in Dnyandeo Sabaji Naik v. Pradnya Prakash Khadekar (Supra), the litigants in this matter have so far filed several petitions and applications which in effect arise out of the same subject matter, yet a single suit seeking determination of the validity of the Will and probably an application for temporary injunction would be sufficient to resolve the issue in dispute than eroding court with so many frivolous and groundless petitions for letters of administration.
This kind of practice minimizes proper administration of justice and should in all circumstances be avoided. Consequently, Administration Cause No. 066 of 2023 is accordingly struck out.
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