Davenport v Sselumaga (Civil Suit 322 of 2021) [2023] UGHCFD 164 (12 September 2023)

### **THE REPUBLIC OF UGANDA**

### **IN THE HIGH COURT OF UGANDA AT KAMPALA**

## **[FAMILY DIVISION]**

#### **CIVIL SUIT NO. 322 OF 2021**

#### **(ARISING FROM ADMINISTRATION CAUSE NO. 440 OF 2021)**

### **WILLIAM BARTLEY DAVENPORT:::::::::::::::::::::::::::::: PLAINTIFF (Suing through Robert Kayanja The holder of Powers of Attorney)**

#### **VERSUS**

**SSELUMAGA JOHN BAPTIST:::::::::::::::::::::::::::::::::: DEFENDANT**

## **JUDGMENT BEFORE: HON. LADY JUSTICE CELIA NAGAWA**

### **1.0 Introduction:**

1.1 This Civil Suit originates from the grant of Letters of Administration to the Defendant vide Administration Cause No. 440 of 2021 issued on 19th May, 2021.

## **2.0 Background:**

2.1 The Plaintiff William Bartley Davenport (suing through Robert Kayanja the holder of Powers of Attorney) brought this suit against the defendant for a declaration that the Letters of Administration issued vide Administration Cause No.440 of 2021 be revoked; an order issuing Letters of Probate to William Bartley Davenport as executor to the estate of the Late Joseph Balikuddembe Mukasa; an order cancelling all the subdivisions arising from Block 337 Plots 328 and 458 in respect of the said land; an order cancelling the registration of Ssemulanga John Baptist as administrator of the estate of the Late Joseph Balikuddembe Mukasa under Administration Cause No. 440


of 2021 from land comprised in Block 337 Plots 328, 458 and any subdivisions arising from the said land; an order substituting Ssemulanga John Baptist with the registration of William Bartley Davenport as executor to the estate of the Late Joseph Balikuddembe Mukasa; an order of eviction and vacant possession to be issued upon the defendant or his agents or servants or any person that derived interest from the defendant; a permanent injunction restricting the defendant from further trespassing or dealing with the suit properties, general damages, costs of the suit and interest of 24%.

- 2.2 The Defendant and his Attorney were absent in court despite service. An application for substituted service was granted by this court and substituted service was effected through Saturday Vision of 1st January, 2022 and also placing a copy at the Court's Notice Board. Counsel addressed the court that in all the previous matters before this court, the defendant had not made any appearance in court despite service. An affidavit of service dated 14th January, 2022 is on court record to that effect. The plaintiff's counsel prayed for an order to proceed *exparte* in the absence of any defense from the defendant. - 2.3 On 15th May, 2023 when the matter came up for hearing, counsel for the Plaintiff addressed this court on the fact that despite having filed a Plaint, they later discovered that the defendant carried out further subdivisions and prayed that the court allows them to amend the Plaint to include the detailed Plots 1388, 1389 and 1390 which were subdivisions arising from Block 337 Plot 328 land at Mugongo, Wakiso District. He also prayed to add Plots 1388, 1389, 1390, 459, and 460 arising from Block 337 land at Mugongo, Wakiso District.


- 2.4 The application to amend the Plaint was granted and the court directed counsel for the plaintiff to serve the defendant and file an affidavit of service. Fresh summons were to accompany the amended Plaint. Service was to be effected to the last known address of the defendant, including the Local Council 1 where the suit property is located in Mugongo, Wakiso District. A hearing notice was also extracted and advertised in the media, a newspaper of wide circulation, and at the court's notice board. The matter was adjourned to 15th June, 2023 at 9:00 am. - 2.5 On 15th June, 2023 when the matter came up for hearing, the plaintiff's counsel addressed the court that service was effected, a copy of the affidavit of service had been filed on 14th June, 2023. - 2.6 The defendant and his counsel being absent, the plaintiff's counsel prayed to proceed *exparte.* The matter proceeded exparte with scheduling conference. The defendant did not have any pleadings. All witnesses presented by the Plaintiff were cross-examined.

## **3.0 Representation:**

3.1 The Plaintiff was represented by Mr. Solomon Ssebowa together with Mr. Samuel Ssemwogerere from Katende, Ssempebwa & Co. Advocates.

## **4.0 Issues for Court's Determination:**

- i. Whether the defendant fraudulently obtained Letters of Administration for the estate of the Late Joseph Balikuddembe Mukasa? - ii. Whether there are grounds for revocation of Letters of Administration vide Administration Cause No.440 of 2021?


- iii. Whether there are grounds for grant of probate of a Will for the estate of the Late Joseph Balikuddembe Mukasa to his executor William Bartley Davenport? - iv. Whether the defendant was fraudulently/illegally registered on the Certificate of Title for land comprised of Block 337 Plot 328 which was subdivided into Plots 1388, 1389, 1390, and Plot 458 which was subdivided into Plots 459 and 460 land at Mugongo? - v. Whether there are grounds for cancellation of the certificates of title which are subdivisions arising from Block 337 Plot 328 which was subdivided into Plots 1388, 1389, 1390, and Plot 458 which was subdivided into Plots 459 and 460 land at Mugongo? - vi. What are the remedies available to the parties?

# **5.0 Burden of proof:**

- **5.1** In all civil matters, he who alleges bears the burden to prove his/her case on a balance of probabilities. The plaintiff in this matter bears the burden to prove as required under Sections 101,102 and 103 of the Evidence Act, Cap 6. Section 101 of the Evidence Act (supra) is to the effect that; *"Whoever desires any Court to give judgment as to any legal right or liability, dependent on the existence of the facts which he or she asserts must prove that those facts exist".* - 5.2 In principle, a party must prove facts that he or she alleges to establish the success of his/her case. When the issue of fact has to be proved in Courts of law, it is first necessary to consider the burden borne by the parties. *See Colin Tapper, Cross & Tapper on evidence, OUP Oxford 11th Ed. 129.*


## **6:0 Resolution of the Issues:**

I intend to resolve issues 1 and 2 jointly. The same will apply to issues 5 and 6 as presented by counsel for the plaintiff.

- **6.1. Issue No.1: Whether the defendant fraudulently obtained Letters of Administration for the Estate of the Late Joseph Balikuddembe Mukasa?; and** - **6.1.1. Issue No. 2: Whether there are grounds for revocation of Letters of Administration vide Administration Cause No. 440 of 2021?**

### **6.2. Plaintiff's Evidence.**

- 6.2.1. Counsel for the Plaintiff relied upon paragraphs 4 and 5 of the Amended Plaint which laid down the particulars of fraud attributed to the defendant, Sselumaga John Baptist. The said particulars of fraud are that; the defendant mentioned in paragraph 1 of the petition for Letters of Administration that the Late Joseph Balikuddembe Mukasa was a resident of Nkokonjeru Cell "B" Village, Kyengera Parish, Kyengera Town Counsel, Wakiso District, whereas he was actually a resident of Texas in the United States of America. The defendant obtained a Certificate of No Objection and yet the deceased died testate. The defendant forged a death certificate for the Late Joseph Balikuddembe which had false details of the date of death, place of death, residence, occupation, nationality, and cause of death. - 6.2.2. In his evaluation of evidence Counsel for the plaintiff averred that Pastor Robert Kayanja (PW1) and William Bartley Davenport (PW2) testified during the hearing that they had a benefit to peruse the Will of the Late Joseph Balikuddembe Mukasa and confirmed that William


Bartley Davenport (PW2) was appointed as an executor of the Will dated 26th December, 2012 meaning that the deceased did not die intestate as alleged by the defendant.

- 6.2.3. PW1 and PW2 discovered that the defendant was granted a Certificate of No Objection on 30th March, 2021 by the Administrator General which was based on falsehoods. Both witnesses discovered that on 14th April, 2021, the defendant filed a petition for Letters of Administration and on 19th May, 2021 it was granted to the defendant. The petition and grant of Letters of Administration contained a falsehood that the Late Joseph Balikuddembe Mukasa was a resident of Nkokonjeru Cell "B" village, Kyengera Parish, Kyengera Town Council, Wakiso District which was not true. - 6.2.4. Counsel referred to the death certificate of the Late Joseph Balikuddembe Mukasa issued by the State of Texas, USA by the Department of State of Health Services Vital Statistics Unit dated 23rd January, 2013 marked PEX2 of the plaintiff's trial bundle which confirms that the defendant was dishonest and fraudulent while obtaining the sad death certificate from NIRA. - 6.2.5. Counsel for the plaintiff made submissions on fraud, citing the case of **Kampala Bottles Ltd Vs. Damanico (U) Ltd SCCA No.22 of 1992** wherein it was stated that; *"fraud"* must be strictly proved, the burden being heavier than one on a balance of probabilities generally applied in civil matters. The Supreme Court further stated that; *"The party must prove that the fraud was attributed to the transferee. It must be attributable either directly or by necessary implication, that is; the*


*transferee must be guilty of some fraudulent act or must have known of such act by somebody else and taken advantage of such act."*

- 6.2.6. With that background, counsel for the Plaintiff prayed that the Letters of Administration having been obtained fraudulently, ought to be revoked and relied upon **Section 234 of the Succession Act, Cap. 162 (as amended)** which provides that; - *(1)The grant of Probate or Letters of Administration may be revoked or annulled for just cause.* - *(2)In this section, "just cause" means:* - *(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) ….* - *(d)……* - (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.* - 6.3. The Plaintiff presented a witness by the name of D/SGT Asingwire Abias who was PW4, Police No. 34348 who testified and stated that he received instructions from a commandant land protection to carry out investigations regarding the said land and he investigated the fraud and forgery that was involved in this case. He prepared a report on 24th


May, 2023 and his findings were that; the land in dispute is comprised in Busiro Block 337 Plots 328 and 458 at Nkokonjeru "B", Kyengera Town Council, Wakiso District. The land formed part of the estate of the Late Joseph Balikuddembe Mukasa on which he operated a project of taking care of orphans and unprivileged children as an NGO known by name and style Compassionate Outreach to East Africa Missions Uganda Ltd (COTEAM). The deceased died on 13th January, 2013 in the United States of America leaving no biological children. The deceased had two (2) adopted children by the name Bryan Holy Davenport and Deborah Jewel Davenport.

- 6.3.1. PW4 further testified that before his death, the deceased made strict statements to the effect that none of his siblings or family members should ever access his property due to a rift he had with them namely; the suspect Sselumaga John Baptist, and Naluwooza his sister, arising from the time they chased away their Late mother from the property without his authority. - 6.3.2. That the defendant obtained Letters of Administration out of the falsehoods he presented and on 19th May, 2021 he was granted the same following his assertion that the deceased died intestate on 13th May, 2013. - 6.3.3. In his submissions on allegations of fraud, counsel cited the case of **Lazarus Estates Versus Beasley [1956] 1QB 702 at 712** where Denning LJ stated that;

*"No court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgment of a court, no order of a Minister can be allowed to stand if it has been obtained by*

 *Fraud. Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved, it vitiates judgments, contracts, and all transactions whatsoever". (See as to deeds, Collins Versus Blantern (1767) 1 Smith's L. C 13th Ed.)*

- 6.3.4. Counsel further relied on the case of **F. K. Zaabwe Versus Orient Bank & Others SCCA No. 04 of 2006** on the definition of fraud as held by Justice Katurebe CJ *(as he then was*) as, *"an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact whether by words or conduct by false representation of a matter of fact whether by words or conduct by false or misleading allegations or by concealment of that which deceives and is intended to deceive another so that he shall act upon it to his legal injury".* - 6.3.5. Counsel prayed that this honorable court finds that the defendant fraudulently obtained Letters of Administration for the estate of the Late Joseph Balikuddembe Mukasa and therefore the said Letters of Administration procured by the defendant under Administration Cause No. 440 of 2021 be revoked for being acquired fraudulently.

## **6.4. Court's determination:**

6.4.1. It is not in dispute that Letters of Administration for the estate of the Late Joseph Balikuddembe Mukasa were obtained by the defendant. The proceedings to obtain the grant were defective in substance based on the presentation of the information to procure a death certificate from NIRA that the deceased died on 13th May, 2013, he was a resident


of Nkokonjeru Cell "B", and died of natural death at the age of 77 years from Nkokonjeru. This was the information the defendant declared before the officials of NIRA to obtain a death certificate which he eventually presented to the Administrator General as proof of death to obtain a Certificate of No Objection that the deceased had died intestate.

- 6.4.2. There can never be two death certificates, for a person cannot die twice. A death Certificate replaces the identity of a living person. Therefore, a person is either alive or dead and once one passes on then a death certificate confirms that he/she is no longer alive with particulars to that effect. In this case, two death certificates have been presented with contradictory information. For the plaintiff, the Late Joseph Balikuddembe Mukasa died in Texas in USA on 13th January, 2013, he was a resident of 6827 South Quarker Street, Tulsa, Oklahoma, 71436, he died in Dallas, at Dallas 75231, Presbyterian Hospital of Dallas, he died at 76 years from Acute Hypoxic Respiratory failure and he suffered from acute systolic congestive heart failure. He was born on 5th May, 1936. He did not die of natural death as alleged by the defendant. - 6.4.3. According to the presented death certificate by the defendant while obtaining Letters of Administration, the legal name of the deceased is Balikuddembe Joseph Musaka, he died at the age of 77 years on 13th May, 2013. He was a Ugandan businessman and a resident of Nkokonjeru who died at Nkokonjeru "A" of natural death. The death certificate was issued on 8th April, 2021.

**Section 234 of the Succession Act, Cap.162 (as amended)** provides that the grant of Letters of Administration shall be revoked for just


cause. In this case, the grant was obtained fraudulently by making a false suggestion or concealing from the court something material to the case.

6.4.4. The evidence of the plaintiff has been corroborated by other evidence in the sworn witness statements of PW2 and PW4 who stated that the defendant made untrue allegations in his petition for Letters of Administration vide AC No. 440 of 2021 that the Late Joseph Balikuddembe Mukasa died in Uganda, died of natural death, the date of death, and the dependents. All the witnesses testified that the defendant had already used the grant to the prejudice of the Late Balikuddembe's estate by creating plots and selling off part of the land. The defendant petitioned for the Letters of Administration and the same was issued to administer the estate and to make a full and true inventory of the said properties and credits and exhibit the same in this court. He equally undertook and signed an Administration Bond.

The grant for Letters of Administration for the estate of the Late Joseph Balikuddembe Mukasa issued on 19th May, 2021 to the defendant indicated that the deceased was a resident of Nkokonjeru "B" Village, Kyengera Parish, Kyengera Town Council, Wakiso District.

6.4.5. The defendant presented false information to NIRA and obtained a death certificate whose details were incorrect, he presented the same death certificate to the Administrator General knowing that the information about his brother's death was false, and obtained a Certificate of No Objection following which he petitioned for Letters of Administration.


- 6.4.6. In that regard, basing on the adduced evidence and authorities, it is my finding that the defendant fraudulently obtained the Letters of Administration of the Estate of the Late Joseph Balikuddembe Mukasa and that there exists a just cause for revocation and/or annulment of the grant of Letters of Administration of the late Joseph Balikuddembe Mukasa's Estate to the defendant. Issues (1) and (2) are therefore answered in the affirmative. - **6.5. Issue 3: Whether there are grounds for grant of probate of a Will for the Estate of the Late Joseph Balikuddembe Mukasa to his executor William Bartley Davenport?**

#### **7.0. Plaintiff's Evidence.**

- 7.1. According to the Will of the Late Joseph Balikuddembe Mukasa, William Bartley Davenport was appointed as an executor. This was testified in chief by PW1 and PW2 who stated that they had the opportunity to peruse the Will of the deceased dated 26th December, 2012. - 7.1.1. The Plaintiff adduced evidence PEX1, the Will of the late Joseph Balikuddembe Mukasa, and therein under paragraph 3.1 on page 1 the testator appointed William Bartley Davenport as his executor of the Will. - 7.1.2. Counsel for the plaintiff cited Sections 182 and 184 of the Succession Act, Cap. 162 (as amended) that probate can be granted only to an Executor appointed by the Will and that the probate shall not be granted to any person who is a minor or is of unsound mind respectively. He therefore prayed that the plaintiff has grounds for


grant of letters of probate of a will for the estate of the late Joseph Balikuddembe Mukasa and hence it should be granted.

### **7.2. Court's Determination.**

- 7.2.1. Unlike the situation, where two death certificates were presented, this time the defendant did not have any copy of the Will or allege that there was a Will and it is for that reason that he applied for Letters of Administration and not a grant of probate. - 7.2.2. For as long as there is no contrary Will to the one presented before this court and as it is the case, the grant of Probate will be issued to the plaintiff. The deceased left a Will and therein appointed the plaintiff as his executor. There is sufficient reason for the grant of probate. - 7.2.3. I find that the Plaintiff has adduced sufficient reason for the grant of Probate. This court hereby grants Letters of Probate to the plaintiff, William Bartley Davenport.

#### **7.3. Issues 4 and 5.**

**Whether the defendant was fraudulently/illegally registered on the Certificate of Title for land comprised of Block 337 Plot 328 which was subdivided into Plots 1388, 1389, and 1390, and Plot 458 which was subdivided into Plots 459 and 460 land at Mugongo?** and

**Whether there are grounds for cancellation of the Certificates of title which are subdivisions arising from Block 337 Plot 328 which was subdivided into Plots 1388, 1389, 1390, and Plot 458 which was subdivided into Plots 459 and 460 land at Mugongo?**


# **7.4. Plaintiff's Evidence.**

- 7.4.1. According to the plaintiff, the defendant obtained the Certificate of title by fraud/illegally when he had himself registered as proprietor of the land comprised of Block 337 Plot 328 which was subdivided into Plots 1388, 1389, and 1390, and Plot 458 which was subdivided into Plots 459 and 460 land at Mugongo. - 7.4.2. Upon his fraudulent registration as the administrator of the estate of the Late Joseph Balikuddembe Mukasa on the said title, the defendant went ahead to deal with the property by carrying out subdivisions on Plot 328 to create Plots 1388, 1389, and 1390. - 7.4.3. The said created plots were first registered in the names of Sselumaga John Baptist and he later transferred and registered Plot 1388 into the name of Eddie Jingo of P. O. Box 5697 Kampala on 27th October, 2021 under instrument number WBU-00298107. On the same day he also transferred and registered Plot 1389 into the name of David Ssebunya whose NIN is CM910521092GJH. - 7.4.4. The defendant went ahead and had part of the subject land graded and properties thereon damaged including a wall fence. In the event of all this, the defendant exhumed the remains of the mother of the late Joseph Balikuddembe Mukasa that had been laid to rest on the said property and the remains were taken to an unknown place apparently using an order of court obtained through falsehoods. - 7.4.5. Upon fraudulent acquisition of the letters of administration and subsequent registration on the title of the subject land, the defendant proceeded to distribute the property to various people purporting to be


beneficiaries namely: Mugambwa Joseph (nephew), Birungi Goreti (niece), Busingye Jayne (niece), Namenya Scholastic (niece), John Baptist Sselumaga Junior (nephew), Namyalo Winfred (niece), Namugambwa Leonita (sister) and John Baptist Sselumanga (brother) and went ahead to file an inventory to the high court falsely detailing how each one received his or her share.

- 7.5. According to the Plaintiff, the defendant also applied and was granted a Special Certificate of title wherein he declared that he was the registered proprietor of Busiro Block 337 Plot 458 land at Mugongo Kyengera Town Council, Wakiso District and that the title had gotten lost and all diligent efforts to locate the land title had failed, which was wrong and false information. - 7.5.1. During the trial, PW2 William Bartley adduced evidence by showing this Honorable Court that indeed he had the duplicate Certificates of Title for land comprised in Busiro Block 337 Plot 458 land at Mugongo, Kyengera Town Council Wakiso District and Block 337 Plot 328 land at Mugongo. - 7.5.2. Counsel for the plaintiff submitted that the entries or changes on the abovementioned land were done with the authority of the defendant, a process that was orchestrated by fraud which is an illegality. He cited Sections 77 and Section 176 (c) of the Registration of Titles Act on fraud. - 7.5.3. Counsel prayed that the court finds that the defendant was fraudulently/illegally registered on the Certificate of Title for land comprised of Block 337 Plot 328 which was subdivided into Plots 1388, 1389, 1390, and Block 337 Plot 458 which was subdivided into Plots


459 and 460 land at Mugongo and prayed for an order canceling all the subdivisions arising from the said land.

# **7.6. Court's determination:**

- 7.6.1. Evidence was adduced to prove that the registration status of the Certificate of title for Busiro Block 337 Plot 328 and Block 337 Plot 458 changed from the deceased to the defendant as an administrator of the estate of the Late Joseph Balikuddembe Mukasa and eventually subdivisions were made wherein Plot 328 was subdivided into Plots 1388, 1389, and 1390, and Plot 458 was subdivided into Plots 459 and 460. - 7.6.2. The defendant transferred Plot 1388 into the name of Eddie Jingo of P. O. Box 5697 Kampala on 27th October, 2021 under instrument number WBU-00298107. On the same day he also transferred and registered Plot 1389 into the name of David Ssebunya whose NIN is CM910521092GJH. - 7.6.3. It's the Plaintiff's prayer that an order canceling all the subdivisions arising from the said land be granted. Eddie Jingo of P. O. Box 5697 Kampala, the registered proprietor of Plot 1388 and David Ssebunya whose NIN is CM910521092GJH, the registered proprietor of Plot 1389 are not parties to this suit. - 7.6.4. The right to a fair hearing is a fundamental basic right provided for under **Article 28 (1) of the Constitution of the Republic of Uganda** which provides that:

*"In the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing*

 *before an independent and impartial court or tribunal established by law."*

- 7.6.5. It is a non-derogable right as per **Article 44 (c) of the Constitution of the Republic of Uganda** wherein parties must be accorded an opportunity to be heard before court condemns them. - 7.6.6. In the case of **Caroline Turyatemba & 4 Ors Versus The Attorney General & Anor, Constitutional Petition No. 15 of 2006,** it was held that;

"…there are also reliefs prayed for in the petition whereby this court is asked to make orders cancelling the leases and certificates that already have individual third parties as registered proprietors of the respective suit lands. The registered proprietors are not parties to this petition. In other words, the petitioners are seeking from us orders to disentitle these third parties of their respective interests in the suit lands, when such parties have not been heard. We are unable to do that, as to do so, would be to condemn such third parties, without having availed to them a fair hearing, which act would be contrary to Article 28 of the Constitution."

7.7. In the premises, I find and answer issue 4 in the affirmative. Issue 5 partly succeeds in respect of Block 337 Plots 1390 (curved out of the special certificate of title created in respect of Block 337 Plot 328) and, Block 337 Plots 458 subdivided into Plots 459 and 460.


## **8.0. Issue 6: What are the Remedies available to the Parties?**

- i. A declaration is made that Letters of Administration issued vide Administrative Cause No. 440 of 2021 are hereby revoked for having been acquired fraudulently. - ii. Letters of Probate are hereby granted to William Bartley Davenport as Executor of the Estate of the Late Joseph Balikuddembe Mukasa. - iii. The Commissioner Land Registration, Ministry of Lands, Housing and Urban Development is hereby directed to cancel the Special Certificates of title for land comprised in Block 337 Plot 1390 (curved out of the special certificate of title for Block 337 Plot 328) and Block 337 Plot 458 which was subdivided into Plots 459 and 460 land at Mugongo and all entries made thereon. - iv. The Commissioner Land Registration, Ministry of Lands, Housing and Urban Development is hereby ordered to cancel all other subdivisions arising from the special certificate of title in respect of Block 337 Plots 328 and Block 337 Plot 458 which are Plots 459 and 460 other than Plots1388 and 1389. - v. The Commissioner of Land Registration, Ministry of Lands, Housing and Urban Development is hereby ordered to cancel the registration of Sselumaga John Baptist under Administration Cause No. 440 of 2021 from the land comprised in Block 337 Plot 1390 and Block 337 Plot 458 subdivided into Plots 459 and 460 and any subdivisions arising from the mentioned land other than Block 337 Plot 1388 and 1389. - vi. An Order is hereby made substituting Sselumaga John Baptist or any other person registered on the land comprised in Block


337 Plot1390 and Block 337 Plot 458 subdivided into Plots 459 and 460 or any subdivision arising from the above-mentioned plots of land other than Plot 1388 and 1389 with the registration of William Bartley Davenport as executor to the Estate of the Late Joseph Balikuddembe Mukasa.

- vii. A permanent injunction restraining the defendant from further dealing with the estate of the Late Joseph Balikuddembe Mukasa. - viii. An award of General Damages of UGX. 250,000,000/= as a result of the damage occasioned to the plaintiff by the defendant towards the properties, as adduced in the evidence before this court by PW2, including the removal of the remains of the deceased's late mother whose body was exhumed and the whereabouts of the remains being unknown, destroying food for the orphans and unprivileged children who were residing at the property, cutting and or destroying the fruit trees that used to benefit the children and all the damage caused to the property as a result of grading the land done on the instructions of the defendant. PW3 Sseruwagi Fred testified during the trial that one night, with the instructions of the defendant a tractor invaded the property and damaged most of the suit land. The children were traumatized and had nowhere to stay. It was during this incident that the defendant exhumed the remains of the deceased's late mother whose whereabouts are unknown. - ix. Section 27 of the Civil Procedure Act, Cap. 71, provides that costs follow the event. The plaintiff prayed for costs and I find it justifiable to award him costs.


## **9.0. Conclusion:**

- 9.1. I therefore enter Judgment for the plaintiff against the defendant for; - a) An order revoking and/or annulling the Letters of Administration to the Estate of the Late Joseph Balikuddembe Mukasa granted to the defendant by this Court on 19th May, 2021 vide Administration Cause No. 440 of 2021. - b) A citation against the defendant directing him to surrender and deliver to this Honorable Court the Letters of Administration granted to him on 19th May, 2021 vide Administration Cause No. 440 of 2021; in the Matter of the Estate of the Late Joseph Balikuddembe Mukasa within five (5) days from the date of this Judgment. - c) An Order directing the defendant to make a just and true inventory or account of all and singular the personal effects and properties of the Late Joseph Balikuddembe Mukasa within seven (7) days from the date of this Judgment. - d) Letters of Probate are hereby granted to William Bartley Davenport as executor of the Estate of the Late Joseph Balikuddembe Mukasa. - e) The Commissioner Land Registration, Ministry of Lands, Housing and Urban Development is hereby directed to cancel the Special Certificates of title for land comprised in Block 337 Plot 1390 (curved out of the special certificate of title for Block 337 Plot 328) and Block 337 Plot 458 which was subdivided into Plots 459 and 460 land at Mugongo and all entries made thereon.


- f) The Commissioner Land Registration, Ministry of Lands, Housing and Urban Development is hereby ordered to cancel all other subdivisions arising from the special certificate of title in respect of Block 337 Plots 328 and Block 337 Plot 458 which are Plots 459 and 460 other than Plots1388 and 1389. - g) The Commissioner of Land Registration, Ministry of Lands, Housing and Urban Development is hereby ordered to cancel the registration of Sselumaga John Baptist under Administration Cause No. 440 of 2021 from the land comprised in Block 337 Plot 1390 and Block 337 Plot 458 subdivided into Plots 459 and 460 and any subdivisions arising from the mentioned land other than Block 337 Plot 1388 and 1389. - h) An order is hereby made substituting Sselumaga John Baptist or any other person registered on the land comprised in Block 337 Plot1390 and Block 337 Plot 458 subdivided into Plots 459 and 460 or any subdivision arising from the above-mentioned plots of land other than Plot 1388 and 1389 with the registration of William Bartley Davenport as executor to the Estate of the Late Joseph Balikuddembe Mukasa. - i) A permanent injunction restraining the defendant from further dealing with the estate of Late Joseph Balikuddembe Mukasa.


- j) A declaration that the defendant is in breach of the Administration bond to the High Court of Uganda and in default of the same bond that bound him to administer the estate of the Late Joseph Balikuddembe Mukasa according to the law. - k) An award of General Damages of UGX. 250,000,000/- (Uganda Shillings Three Hundred Million only). - l) Costs are awarded to the Plaintiff.

It is so ordered.

*Dated, signed, and delivered by email this 12th day of September, 2023.*

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ CELIA NAGAWA JUDGE**