FACTS

Maria Zirondomu, mother of the late Mary Balungi (deceased), who died intestate on
12.01.2023, cares for Mary’s minor twins, Maria Nakato and Wasswa Lucas (aged 12). The
deceased’s husband predeceased her. The estate includes: NSSF savings: UGX 200 million, Land
at Luweero-Bukalasa Block 230 Plot 167: UGX 120 million and death benefits from Kyambogo
University: UGX 5 million. On 28.04.2025, Kyambogo University’s Legal Officer informed Maria
that Peter Sumbi applied for the death benefits, presenting a Probate granted by Mukono Chief
Magistrate’s Court (Probate and Administration Cause 012 of 2024, dated 12.11.2024). Court
records show Peter Sumbi falsely claimed to be the deceased’s husband and sole next of kin,
concealing the minors’ existence. Maria seeks to revoke the Probate, protect the estate, and
administer it for the minors.

ISSUES

1. Whether Mary can apply for revocation letters

2. Whether there are any available remedies to Mary Zirondomu

3. What are the practical steps which Mary Zirondomu should take in order to obtain the
remedies

4. What is the forum, procedure and the necessary document to revoke the letters of
administration/Probate?
 5. Whether there are any ethical issues involved in the circumstances and how to deal with
them?

LAW APPLICABLE

1.Constitution of the Republic of Uganda, 1995 as amended.

2. Succession Act, Cap.268

3. The Administration of Estates (Small Estates) (Special Provisions) Act, Cap. 263

4. Civil Procedure Act, Cap. 282

5.Case Law.

6. Civil Procedure Rules SI 71-1

Resolution

ISSUE 1: WHETHER MARY CAN APPLY FOR REVOCATION LETTERS?

For a person to bring an application questioning the administration of the estate, he or she has
to have the locus to do so, by having a beneficiary interest in the estate of the deceased.

Section 2 of the Succession Act Cap 268 defines Probate to mean the grant by a court of
Competent jurisdiction authorizing the executor or executrix named in the last will of testator or
testatrix to administer the estate of the testator or testatrix.

Section 178 Succession Act Cap 268: Probate can only be granted to an executor named in a
will.

Section 185 Succession Act Cap 268: Probate of a will when granted establishes the will from
the death of the testator and renders valid all intermediate acts of the executor or executrix as
such.

Sect 23 of the Succession Act Cap 268 provides for distribution of property on death of an
intestate, except for his or her principal residential holding or other residential holding.

Sect 24 of the succession Act Cap 268 provides that all lineal descendants, spouses and
dependent relative of an intestate shall share their proportion of a deceased intestates property

In Paulo Kaweesa v Administrator General & 2 Ors Civil Suit No.968 /1993. It was held that it is
trite law that in order to administer any property of the deceased person, one must either be an
executor or executrix appointed under a will of the deceased.

In Samil Ogwang & Anor v Sunday Ottek Hccs No.20 of 2005. The court defined a beneficiary to
mean a person entitled to share in the properties of a deceased person.
In the case of Kajubi Vs Kabali (1994) 14, court held that children have a right to a share in their
late parent’s estate whether born within or outside wedlock.

In Namuli Peruse v Yokana Sali Hccs No.9 /2005. The Plaintiff sister of the deceased sued the
defendant for revocation of Letters of administration granted. The Court held that the plaintiff
was a sister to the deceased and had sufficient interest in the deceased estate.

In conclusion Mary does have the locus to bring an action for revocation of the probate

ISSUE 2: WHETHER THERE ARE ANY AVAILABLE REMEDIES TO MARY ZIRONDOMU?

Short term remedies.

1. Issuing a citation to the holder of the grant of probate to return the grant to court.

Under section 200 of the Succession ActCap 268, Letters of Administration or probate are valid
until revoked by a court with competent jurisdiction.

A citation was defined in the case of IN the matter of an Application by Edward Matovu
Mulubirizi & 3 ors (MISC APPLICATION NO. 556/ 2017) to mean an instrument of court requiring
the person cited to lodge with the Registrar of court the grant issued by court to him or her to
enable the applicant to proceed with the process of revocation of that grant.

Under Rule 17 of the Administration of Estates (Small Estates) (Probate and Administration)
Rules provides that every citation shall issue from court in form 4 of the First schedule to the
Rules.

Before the citor applies for a citation, he or she shall first caveat the grant.
Under Rule 17 (5) of the above Rules, a person who has been cited has 21 days to appear in
court or file a copy of his statement in court.

The application for a citation is by originating summons supported by an Affidavit

2. Appointment of administrator pendete lite.

Section 214 of the Succession Act Cap 268 is to the effect that court may pending any suit
touching the validity of the will of the Deceased person, or for obtaining or revoking any
probate or any grant of Letters of Probate, appoint an administrator of the estate of the
deceased person, who shall have the rights and powers of a general administrator apart from
the right to distribute the estate.

In the case of Wilson Tayebwa & 5 ors v Mary Kyatwoha & 2 ors HCMA NO. 60/ 2012, court
noted that section 214 (now) applies where there is a dispute as to the validity of the will or as
to the right to administer the estate.

In the case of Themi Nakibuka Sebalu v Peter Sematimba &2 ors civil application No 15 of 2014
the court explained the effect and importance of the order of administration pendente lite is
that court can grant this order in any matter before it, touching obtaining or revoking any
probate /letters of administration court shall appoint an interim administrator of the estate of
the deceased who shall have same powers as the Administrator General except that of
distributing the estate , court further explained the effect of this is to give court time to decide
the case before it and properly determine the rightful administrator of the estate

3. Caveat.

Section 123(1) of the Registration of Titles Act Cap 240 provides for a beneficiary caveat, and it
provides that any person or beneficiary who has interest in an estate can lodge a caveat on that
estate.
In the case of Bayes V Gathure (1966) E. A 385, it states that a caveat is intended to give the
caveator temporary protection and to give notice of the nature of the claim to the person
whose estate in the land is affected and to the world at large.

Section 125 of the Registration of Titles Act Cap 240 provides that no entries will be entered in
the registrar book without the consent of the caveator for as long as the caveat remains in
force.

4. Temporary injunction.

Section 98 of the Civil Procedure Act Cap 282 provides for the inherent powers of court to grant
remedies.

Order 41 Rule 2 of the Civil Procedure Rules SI 71-1 states that one can apply for a temporary
injunction to restrain the defendant from committing injury of any kind relating to the property
where a main suit on the same matter is pending.

Order 41 Rules 2 and 9 of the Civil Procedure Rules SI 71-1 state that an application for
temporary injunction shall be by chamber summons.

In Kiyimba Kagwa v Hajji Nasser Katende (1988) The court stated that the grounds for a
temporary Injunction are; Prima facie case, Irreparable damage, and Balance of convenience

Long term remedies

1.Revocation of grant of letters of Administration.

Section 98 of the Civil Procedure Act Cap 282 provides for inherent Power of Court to grant
remedies.
Section 230 (1) of the Succession Act Cap 268 provides that the grant of letters of administration
shall be revoked for just cause.

While making an order for revocation, the following Consequential orders can be made by the
court

(a) Permanent Injunction restraining the defendant.

(b) An order to make an Inventory and true Account of the property.

(c) An order that the Plaintiff be appointed the administrator of the estate.

(d) A declaration that the person fraudulently obtained the letters of Administration

(e) An order directing the registrar of titles to cancel the names of the defendant from the
certificate of titles and Land registered in the names of the Plaintiff as an Administrator
of the estate of the deceased.

Just cause means the following;

Under Section 230(2) of the Succession Act 268 in this section Just cause means the following;

(a) That the proceedings to obtain the grant were defective in substance.
 (b) That the grant was obtained fraudulently by making a false suggestion, or by concealing
from the court something material to the case.
(c) That the grant was obtained by means of an untrue allegation of a fact essential in point
of law to justify the grant, though the allegation was made in ignorance or inadvertently
(by omission).
(d) That the grant has become useless and inoperative through circumstances.
(e) That the person to whom the grant was made has willfully and without reasonable cause
omitted to exhibit an inventory or account in accordance with Part XXXIV of this Act, or
has exhibited under that Part an inventory or account which is untrue in a material
respect.
(f) That the person to whom the grant was made has mismanaged the estate

In Sanyu Lwanga Musoke V Sam Galiwango SCCA No.48 /1995. JSC Karokora stated that the
grant of Probate may be revoked or annulled for Just cause. There was evidence that the person
had got the letters of administration by means of untrue allegations that the mother had not
left a will yet he knew about it

According to the facts, Mary has reasonable grounds to bring the action to court including
fraudulently making false allegations and obtaining the grant through defective means.

2. Damages.

Section 237 (1) of the Succession Act Cap 268 provides that an executor who misapplies the
estate of the deceased or subjects to loss or damage is liable to make good the loss/damage so
accessioned.

In Nalubega Gladys & 3 Ors v Sebuluguse Henry HCCs 44/2010. Justice Tuhaise granted general
damages to the Plaintiff for the loss that the defendant had caused by selling part of the estate.

PART B
ISSUE 4: WHAT ARE THE PRACTICAL STEPS WHICH MARY ZIRONDOMU SHOULD TAKE IN
ORDER TO OBTAIN THE REMEDIES?

Short term remedies

1. Steps for the caveat

Draft the caveat pursuant to section 213 of the Registration of Titles Act Cap 240, accompany it
with an affidavit in support, pay the necessary fees and lodge it with the land registry. The
registrar will review it and have it entered as an encumbrance on the suit land

2. Steps for the application pendente lite

Institute a formal application under Order 52 of the Civil Procedure Rules SI 71-1 accompanied
by an affidavit. Pay the requisite fees under rules 5 &6 of the Judicature court fees rules, file the
application in court registry the application is fixed and heard

Practical steps for long term remedy.

 The plaintiff drafts a plaint pursuant to Order 4 of the Civil Procedure Rules SI 71-1. It is
accompanied by summons to file a defence and summary of evidence.
 The plaintiff pays court filing fees for the documents.
 The plaintiff files the documents in court that issued the grant.
 The plaintiff extracts summons and serves them on the defendant.
 The plaintiff then swears an affidavit of service and files it on court record.
PART C

ISSUE 3. What is the forum, Procedure and the necessary documents?

Forum.
Mukono Chief Magistrate’s Court Probate and Administration Cause 012 of 2024
Procedure
Lodge a caveat. Rule 17(2) Administration of Estates (Small Estates) (Probate and
Administration) Rules S.I 156
Issue a citation. Rule 17(1) Form 4D of the First Schedule to the Rules.
Accompanied by a statement on oath.
Serve the citation to the person who was granted letters of Administration. Rule 17(3)
Draft a plaint.
Accompanied by summary of evidence.
File in court and pay the necessary fees.
Serve to the defendant.
File an Affidavit of service.

Necessary Documents
A caveat.
A citation
Statement on oath.
Plaint
summary of Evidence.

(a) CAVEAT.
 THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATES COURT OF MUKONO AT MUKONO
PROBATE AND ADMINISTRATION CAUSE NO. 012 OF 2024

IN THE MATTER OF THE ESTATE OF THE LATE MARY BALUNGI (DECEASED)

AND
IN THE MATTER OF A CAVEAT LODGED FORBIDDING DEALINGS IN THE ESTATE OF THE LATE
MARY BALUNGI BY MARY ZIRONDOMU

CAVEAT

(Brough under Rule 17(2) Administration of Estates (Small Estates) (Probate and
Administration) Rules S.I 156)

TO: The Chief Magistrate.

TAKE NOTICE that I, Mary Zirondomu, the biological mother of the late Mary Balungi
(deceased), and lawful guardian of her minor children, namely:
a) Maria Nakato and
b) Wasswa Lucas (both aged 12),
claim an interest in the estate of the late Mary Balungi, including but not limited to:

1. Land comprised in Luweero-Bukalasa, Block 230 Plot 167, valued at Uganda Shillings
120,000,000.
2. NSSF savings worth UGX 200,000,000

I hereby forbid the registration of any person as transferee or proprietor of land or any
instrument affecting the estate or interest until after notice of such registration is given to me
at the address hereafter mentioned or unless the instrument is expressed to be subject to my
claim or unless I consent in writing thereto (as the case may require).
No dealings, distributions, or registrations affecting the estate should occur unless prior notice
is given to me at the address hereunder or my consent is first obtained in writing.

I appoint M/s Ssanga and Associates, Advocates, City House, William Street, Kampala, as the
address for service of notices and process.

Dated this 2nd day of May, 2025

Signed by:
...............................................
Mary Zirondomu

Signed in the presence of:

...............................................
Witness

Drawn & filed by:

M/s Ssanga and Associates
City House, William Street
P.O. Box 234, Kampala, Uganda

(b) AFFIDAVIT IN SUPPORT OF CAVEAT.

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATES COURT OF MUKONO AT MUKONO
PROBATE AND ADMINISTRATION CAUSE NO. 012 OF 2024

IN THE MATTER OF THE ESTATE OF THE LATE MARY BALUNGI (DECEASED)

AND
IN THE MATTER OF A CAVEAT LODGED FORBIDDING DEALINGS IN THE ESTATE OF THE LATE
MARY BALUNGI BY MARY ZIRONDOMU
 AFFIDAVIT IN SUPPORT OF CAVEAT

I, Mary Zirondomu, of C/o M/s Ssanga and Associates, Advocates, City House, William Street,
Kampala, do hereby solemnly swear and state as follows:

1. That I am a female adult Ugandan of sound mind, the biological mother of the late
Mary Balungi, and guardian of her surviving children, and I swear this affidavit in that
capacity.
2. That my daughter, Mary Balungi, died on the 12th day of January 2023, intestate. (A
copy of the death certificate is hereto attached and marked Annexture A)
3. That she was survived by her twin children, namely Maria Nakato and Wasswa Lucas,
both aged 12, whose father predeceased her. (Copies of their birth certificate attached
and marked Annexture B and C respectively)
4. That the deceased left the following property:
a) NSSF savings worth UGX 200,000,000
b) Land comprised in Luweero-Bukalasa Block 230 Plot 167, valued at UGX
120,000,000. (A copy of the Duplicate Certificate of title attached and marked
Annexture D)
5. That on about 28th April 2025, I was informed by the Legal Officer of Kyambogo
University that a one Peter Sumbi had applied to the University for death benefits
worth UGX 5,000,000 in respect of the deceased.
6. That Peter Sumbi relied on a Grant of Probate issued by this Honourable Court, vide
Probate and Administration Cause No. 012 of 2024, in which he falsely claimed to be
the husband and sole next of kin of the deceased.
7. That my daughter never left a will, and her lawful beneficiaries are her two minor
children, whom I currently care for.
8. That I caused my lawyer, Mr. Mustapha Ssanga, to obtain and review the court file, and I
discovered that the grant of probate was obtained fraudulently, based on false
information.
 9. That I believe Peter Sumbi intends to access and dispose of the estate assets, including
the NSSF savings and the land in Luweero, to the detriment of the rightful beneficiaries.
10. That the said grant of probate is improper and should be revoked, and any dealings with
the estate halted pending proper legal administration in accordance with the law.
11. That I swear this affidavit in support of the caveat to protect the estate and the interests
of the minor children.

SWORN at Kampala this 2nd day of May, 2025

By the said:
..........................................
Mary Zirondomu,
DEPONENT

BEFORE ME
...........................................
COMMISSIONER FOR OATHS

(c) CITATION

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE’S COURT OF MUKONO AT MUKONO
CITATION NO. …… OF 2025
ARISING FROM PROBATE AND ADMINISTRATION CAUSE NO. 012 OF 2024

IN THE MATTER OF THE ESTATE OF THE LATE MARY BALUNGI (DECEASED)

AND
IN THE MATTER OF AN APPLICATION FOR CITATION TO RETURN THE LETTERS OF
ADMINISTRATION GRANTED TO PETER SUMBI

CITATION TO BRING LETTERS OF ADMINISTRATION

(Brought under Rule 17(1) of the Administration of Estates (Small Estates) (Probate and
Administration) Rules, S.I. 156-1)

TO: PETER SUMBI

WHEREAS it appears from the Statement on Oath of Maria Zirondomu, sworn on the 2nd day
of May 2025 at Kampala, that Letters of Administration to the estate of the late Mary Balungi
were fraudulently obtained by you, Peter Sumbi, in 2024 in Mukono Chief Magistrate’s Court,
vide Probate and Administration Cause No. 012 of 2024;

AND WHEREAS it further appears that the deceased died intestate and was survived by two
minor children, whose existence and rights you failed to disclose in your application;

NOW THEREFORE, this is to COMMAND YOU, the said Peter Sumbi, to return and produce the
original Letters of Administration to this court within twenty-one (21) days after service of this
citation upon you (inclusive of the day of service), in order that the court may consider an
application for their revocation.

If you neglect or refuse to obey within the time specified, you shall be liable to court process to
compel compliance.

Dated at Mukono this 2nd day of May, 2025.

.......................................................
CHIEF MAGISTRATE

(d) STATEMENT ON OATH.

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE’S COURT OF MUKONO AT MUKONO
 CITATION NO. …… OF 2025
ARISING FROM PROBATE AND ADMINISTRATION CAUSE NO. 012 OF 2024

IN THE MATTER OF THE ESTATE OF THE LATE MARY BALUNGI (DECEASED)

AND
IN THE MATTER OF AN APPLICATION FOR CITATION TO RETURN THE LETTERS OF
ADMINISTRATION GRANTED TO PETER SUMBI

STATEMENT ON OATH

I, Mary Zirondomu, a female adult Ugandan of sound mind, C/o M/s Ssanga & Associates,
Advocates, City House, William Street, Kampala, solemnly swear and state as follows:

1. That I am a female adult Ugandan of sound mind, the mother of the late Mary Balungi
herein, and I swear this affidavit in that capacity.

2. That I am the biological mother of the late Mary Balungi, who passed away on 12th
January 2023, and I swear this affidavit in my capacity as guardian of her two surviving
minor children, Maria Nakato and Wasswa Lucas.
3. That the deceased died intestate and was survived only by her two said minor children
and their father predeceased her, and I have since assumed their lawful care and
guardianship. (Copies of their birth certificate of the two children hereto attached and
marked Annexture A and B respectively).
4. That my daughter had substantial estate assets including:
o NSSF benefits totaling approximately UGX 200,000,000, and
o Land situated at Bukalasa, Luweero, Block 230 Plot 167, valued at
approximately UGX 120,000,000. (A copy of Certificate of Title attached and
marked Annexture C)
5. That in or around February 2024, one Peter Sumbi applied for and fraudulently
obtained Letters of Administration to the estate of the late Mary Balungi from the Chief
 Magistrate’s Court of Mukono, falsely alleging to be her lawful husband and sole
surviving relative.
6. That I discovered in April 2025 from the Legal Department of Kyambogo University that
Mr. Sumbi had also claimed death benefits of UGX 5,000,000, relying on the said
fraudulent Letters of Administration.
7. That a review of the court file revealed no mention or disclosure of the deceased’s
minor children, who are the actual lawful beneficiaries.
8. That I am informed by my lawyers, and verily believe, that the grant was obtained
fraudulently when Peter Sumbi stated that he was the husband and only known next of
kin and executor in the will.
9. That I seek the revocation of the said grant, and that I be appointed as an administrator
to manage the estate of my daughter in trust for the minors.
10. That I make this Statement on Oath in support of the Citation compelling Peter Sumbi to
return the Letters of Administration for revocation.
11. That whatever is stated herein is true and correct to the best of my knowledge and
belief, save for information from my Lawyers, which I believe to be true.

SWORN at Kampala this 2nd day of May 2025

By the said,
......................................................
Mary Zirondomu
DEPONENT

BEFORE ME:
......................................................
COMMISSIONER FOR OATHS

Drawn and filed by:

M/s Ssanga and Associates
City House, William Street
P.O. Box 234, Kampala, Uganda

(e) PLAINT.

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE’S COURT OF MUKONO AT MUKONO
CIVIL SUIT NO. .......... OF 2025
(Arising out of Probate and Administration Cause No. 012 of 2024)

MARY ZIRONDOMU ...............................................................................................PLAINTIFF

VERSUS

PETER SUMBI ................................................................ DEFENDANT

PLAINT

(Brought under Sections 230(2)(b) & (f) of the Succession Act, Cap 268 and Order 4 Rule 1 &
Order 6 Rule 3 of the Civil Procedure Rules, S.I. 71-1)

1. The Plaintiff is a female adult Ugandan of sound mind, the mother of the late Mary
Balungi and legal guardian of her two minor children, namely Maria Nakato and Wasswa
Lucas, the lawful beneficiaries to the deceased’s estate and her address for service shall
be C/o M/s Ssanga & Co. Advocates, City House, William Street, Kampala.
2. The Defendant is a male adult Ugandan presumed to be of sound mind, who unlawfully
obtained Letters of Administration to the estate of the late Mary Balungi, and the
Plaintiff’s Advocates undertake to serve court process upon him.
3. The Plaintiff's claim against the Defendant is for:
a. Revocation of Letters of Administration granted fraudulently to the Defendant;
 b. A declaration that the Plaintiff's is the fit and proper person to be granted Letters of
Administration.
c.; A temporary injunction restraining the Defendant from further dealing with the
estate;
d. General damages.
e. Costs of the suit and interest thereon.
4. The facts constituting the Plaintiff's cause of action are:
a. The late Mary Balungi died intestate on 12th January 2023 and was survived only by
her two minor children. (Copies of their birth certificate hereto attached and marked
Annexture A and B respectively).
b. The deceased left an estate comprising:
o NSSF survivor benefits approximated at UGX 200,000,000;
o Land at Bukalasa, Luweero, specifically Block 230 Plot 167, valued at
approximately UGX 120,000,000. (A copy of certificate of title is hereto
attached and marked Annexture C)

(c) In February 2024, the Defendant unlawfully petitioned for and obtained Letters of
Administration from Mukono Chief Magistrate’s Court in Probate and Administration Cause
No. 012 of 2024, claiming to be the husband and the sole surviving relative of the deceased. (A
record of proceedings is attached and marked Annexture D)

PARTICULARS OF FRAUD.

a. The Defendant unlawful applied and obtained letters of probate to the estate
of Mary Balungi and he is not known by the mother of the deceased.

b. The defendant obtained Probate in respect of the estate of Mary Balungi

(deceased), as executor and husband and the only known next of kin of Mary
Balungi (deceased).
 c. That Mary Balungi’s husband predeceased her and that she did not leave a
Will.

d. The Plaintiff only discovered these fraudulent dealings in April 2025 through
the Legal officer of Kyambogo University

5. The Plaintiff is a fit and proper person to challenge the fraudulent dealings of the
Defendant and to protect the interests of the children.
6. The Notice of intention to sue was served to the defendant.
7. This Honorable Court has jurisdiction to hear and determine this matter.

WHEREFORE, the Plaintiff prays for judgment against the Defendant for:

a. Revocation of the Letters of Administration issued to the Defendant;

b. A declaration that the plaintiff is fit and proper person to manage the estate of the
deceased.
c. A temproary injunction restraining the Defendant from further dealing with the estate;
d. General damages;
e. Costs of the suit and interest until full payment.

Dated at Mukono this 2nd day of May 2025

..................................................
COUNSEL FOR THE PLAINTIFF

DRAWN & FILED BY:

M/S Ssanga & Co. Advocates
City House, William Street, Kampala
P.O. Box 234, Kampala
(b) SUMMARY OF EVIDENCE.

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE’S COURT OF MUKONO AT MUKONO
CIVIL SUIT NO. .......... OF 2025
(Arising out of Probate and Administration Cause No. 012 of 2024)

MARIA ZIRONDOMU .........................................................................................PLAINTIFF

VERSUS

PETER SUMBI .............................................................. DEFENDANT

SUMMARY OF EVIDENCE

The Plaintiff shall adduce evidence to prove that:

The Defendant fraudulently obtained Letters of Administration to the estate of the late Mary
Balungi by concealing the existence of her two minor children; and that the Defendant has
threatened further dealings with the estate, to the detriment of the minor beneficiaries; and
that there is just cause for revocation to revoke letters of administration.

LIST OF WITNESSES

1. Maria Zirondomu.
2. Any other witness with leave of Court.

LIST OF DOCUMENTS

1. Grant of Letters of Administration issued to Peter Sumbi

2. Birth Certificates of the minor beneficiaries
3. Copy of Certificate of Title for Block 230 Plot 167, Luweero
4. Death certificate of the late Mary Balungi
 5. Any other documents with leave of Court

LIST OF AUTHORITIES

1. 1995 Constitution of the Republic of Uganda.

2. Succession Act, Cap 268.
3. The Civil Procedure Rules, S.I. 71-1
4. Case Law.
5. Any other with leave of Court

Dated at Mukono this 2nd Day of May 2025

..................................................
COUNSEL FOR THE PLAINTIFF

DRAWN & FILED BY:

M/S Ssanga & Co. Advocates
City House, William Street, Kampala
P.O. Box 234, Kampala

ISSUE 6. Whether there are any ethical issues involved in the circumstances and how to deal
with them?

Conflict of Interest

 Regulation 10 of the Advocates (Professional Conduct) Regulations.

 Solution: Full disclosure should be made, and if necessary, the lawyer should withdraw
from the matter to avoid conflicts.

2. Due diligence upon taking Instructions.

  Regulation 2 of the Advocates (Prof.Conduct) Regulations.
 Solution: Gather evidence of fraud (e.g., death certificate, marriage certificate,
children’s birth certificates) and file a case in court to revoke the Letters of
Administration and recover the estate.

3. Access to Estate Funds and Accountability

 Section 273(1) of the Succession Act Cap 268 which provides that an inventory should
be filed within 6months from the grant of Letters of Administration. An executor
appointed by court must file an account within one year from time of the grant.
 Solution: Apply for an audit of estate funds and compel Peter to account for the money
he has received. If misappropriation is found, he is liable to compensate for the loss.

4. Best Interests of the Children

 Regulation 7 of the Advocates Act (Prof Conduct) Regulations provides for the duty of
confidentiality
 Sect 3 of the children Act provides that in all matters that concerns children the best
interest of the children should be paramount.
 Issue: The children’s welfare, including their education and financial security, must be
prioritized.
 Solution: Secure their rightful share of the estate, ensuring funds for tuition and other
needs are properly managed, potentially through a trust.