MODULE III INDIVIDUAL ASSESSEMENT FAMILY LAW PRACTICE
Student NO; 2401703124
Brief facts
Simon Makula died intestate on 12.09.2022 and his survived by the wife Noeline Makula,
and his children are; Rena Makula aged twelve years, Blessing Kisa Makula aged ten, Arthur
and Ariel aged six years. His nephew Mikisa aged 10 years. The deceased had the following
dependants his mother, Redempta Byansi aged 72years.
The deceased left the following properties; A modern house in Kizungu Zone, Nabuti, in
Mukono District, on land known as Kyaggwe Block 230 Plot 165, which is now worth
(500,000,000/=). Land at Bumpenje in Wakiso District, registered as Busiro Block 130 plot
60, measuring (45) acres.A commercial building at Kyaliwajjala, Namugongo Road, Wakiso
District. This building fetches rental income of (05) million Uganda Shillings per
month.Noeline Makula is financially constrained and would wish the estate to finance the
day-to-day expenditures of the beneficiaries.
Issues arising;
1. Whether Noeline Makula has any rights in the deceased’s estate?
2. What rights do other beneficiaries have on the estate?
3. Whether Noeline can apply for letters of administration to manage the estate?
4. What is the necessary document, forum and procedure to obtain letters of
administration?
5. What is the necessary document Noeline will need to introduce herself to the tenants?
Laws applicable;
1. The Constitution of the Republic of Uganda, 1995.
2. The Succession Act, Cap 268.
3. The Administrator Generals Act, Cap264.
4. The Evidence Act, Cap 8.
5. The civil procedure Act, cap 71.
6. The civil procedure Rules. S.1-71.1
RESULUTION;
ISSUE 1; Whether Noeline Makula has any rights in the deceased’s estate?
Section 2 of the Succession Act, cap 162 defines a spouse to mean a husband or wife
married in the accordance of the laws of Uganda or in accordance of laws in another
country and recognised in Uganda as a valid marriage.
Section 199(1) of the Succession Act,cap 162 is instructive on the preference of a
surviving spouse over any other person in the administration of the estate of the
deceased intestate.
Our facts show that Simon Makula died intestate and the surviving spouse is Noeline
Makula who were wedded from St. Francises Church Makerere in 2008. In my view I
would advise Noeline Makula to apply for letters of administration inorder to
administer the estate of the deceased.
Issue 2: What rights do other beneficiaries have on the estate?
In the case of ROMANO SALIM OGWANG & SANDE OTAALE HCCS No. 20 of 2005
defines who a beneficiary is as a person who is named on a will or designated in another legal
document to benefit from the estate of a deceased person.
Section 2 Succession act Cap 268 provides that children, issue and lineal descendant include
legitimate, illegitimate and adopted children as beneficiaries of the estate.
Section 2 succession Act Cap 268 defines a dependent relative" to includes a parent, a
brother or sister, niece or nephew, a grandparent or grandchild who, on the date of the
deceased's death, was wholly dependent on the deceased for the provision of the ordinary
necessities of life suitable to a person of his or her station;" and our facts, show that at the
time of Simon Makula’s death had children, nephew and the aging mother who were wholly
dependent on him for ordinary necessities of life suitable for a person of his or her station so
in my view they have rights to the estate of the deceased.
RIGHTS OF BENEFICIARIES
1.Right to share property of the deceased and it is illustrated in Kajubi v Kabali (1944) as
court stated that all legitimate children and illegitimate children entitled to the estate of their
deceased father.
2.Right to Maintenance which is illustrated in Byabazaire v Bwango Civil suit No.629
/1992. The court ruled that a mere girl friend to the deceased had no protectable interest nor
rights of Maintenance. In our facts show Stella Makudde had an affair with the deceased
while the first monogamous marriage was still in force, i therefore hold the view that Stella
Makudde was a mere girlfriend to the deceased so she does not have any right on the estate.
3.Right to protect estate from Waste/ Right to sue and be sued on behalf of the estate. In
Caroline Mboijana and 2 Ors v James Mboijana SCCA No.3 of 2004. Court revoked the
grant because the respondent was wasting the estate of the deceased and that a beneficiary
has a duty to protect the estate and bring a suit in their own names.
4.Accountability of the estate. In Caroline Mboijana and 2 Ors v James Mboiijana SCCA
No.3 of 2004. Court revoked letters on account that the administrator failed to account for the
estate. In our facts if Noeline succeeds in getting a grant of letters of administration, she
should ensure proper accountability of the estate to the beneficiaries.
5. Right to occupation of residential holding. In Juliet Kalema v William Kalema & Anor
CA No.95/2003.The court stated that there are three types of residential holding: Normally
occupied by an intestate prior to his death as his principal residential holding. Owned by
him/her as a principal residential holding. Any other residential holding possessed by the
intestate prior to death. From our facts prior to the death of the deceased, they lived in a home
in Kizugu Zone Namuti, Mukono District, land on block 23 plot 165.
Issue 3: Whether Noeline can apply for letters of administration to manage the estate?
Under Section 242 of the Succession Act. An application for letters of administration can be
made by a petition and under section 199 of the Succession Act, Noeline Makula enjoys a
preference to administer the estate of her late husband than any other beneficiary and
therefore I advise her to petition for letters of administration.
PETITION;
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MUKONO
FAMILY DIVISION
PROBATE & ADMINISTRATION CAUSE NO 1 OF 2025
IN THE MATTER OF THE ESTATE OF LATE SIMON MAKULA FORMERLY
RESIDENT KIZUGU ZONE, NABUTI, MUKONO MUNICIPALITY, MUKONO
DISTRICT.
AND
IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF
ADMINISTRATION TO NOELINE MAKULA (WIDOW)
PETITION FOR LETTERS OF ADMINISTRATION
(Under Sections 231, 242 & 243 of the Succession Act, Cap. 268)
The humble petition of NOELINE MAKULA of M/s Sayuni & Co. Advocates, Sayuni Plaza,
Kyaliwajjala, Namugongo Road respectfully showeth that:
1. The Petitioner is an adult Ugandan of sound mind.
2. Simon Makula, late of MUKONO DISTRICT, died intestate on the 12th day of
September 2022. (A copy of the Death Certificate is attached and marked as
Annexture A).
3. The deceased was survived by the following:
Children; Rena Makula aged twelve years, Blessing Kisa Makula aged ten, Arthur and Ariel
(twins) aged six years.
Other Dependents: Mikisa aged 10 years, Redempta Byansi aged 72years.
4. The deceased left behind the following assets:
a) A modern house in Kizungu Zone, Nabuti, in Mukono District, on land known as
Kyaggwe Block 230 Plot 165, which is now worth (500,000,000/=).
b) Land at Bumpenje in Wakiso District, registered as Busiro Block 130 plot 60,
measuring (45) acres.
c) A commercial building at Kyaliwajjala, Namugongo Road, Wakiso District.
5. The deceased did not leave a will.
6. That the petitioner believes that the approximate value of the property is UGX.
1,000,000,000
7. That the deceased at the time of his death had a fixed place of aboard at Kizugu
Nabuti, Mukono municipality.
Dated at Mukono this 04th day of April, 2025.
Neoline
NOELINE MAKULA.
PETITIONER
VERIFICATION
I, NOELINE MAKULA the Petitioner herein, do hereby declare that whatever I have stated
hereinabove is true and correct to the best of my knowledge.
Dated at Mukono this 04th day of April, 2025.
Neoline
PETITIONER
BEFORE ME
BWANGU
COMMISSIONER FOR OATHS
Drawn and filed by:
M/s Sayuni & Co. Advocates,
Sayuni Plaza, Kyaliwajjala,
Namugongo Road.
ISSUE 4: What is the necessary document Noeline will need to introduce herself to the
tenants?
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MUKONO
PROBATE AND ADMINISTRATION CAUSE No. 1 of 2025
SIMON MAKULA :::::::::::::::::::::::::::::::::::::::::::(DECEASED)
LETTERS OF ADMINISTRATION
I, Hon. JUSTICE JUSTINE NOKRACH, Judge of the High Court of Uganda, make
known that on this 04h day of APRIL 2025, Letters of Administration of the property and
credits of the estate of SIMON MAKULA (DECEASED), formerly of Mukono, in Mukono
municipality, were granted to NOELINE MAKULA, WIDOW of the deceased.
SHE having undertaken to administer the same and to make a full and true inventory of the
property and credits of the said estate and to exhibit the same in this court within six months
from the date of this Grant or within such further time as the Court may from time to time
appoint and also to render to this Honourable Court a true account of the said property and
credits within one year from the same date or within such further time as the Court may from
time to time appoint.
GIVEN under my Hand and the Seal of this Honourable Court this 04th day of APRIL 2025
Justine Nokrach
JUSTINE NOKRACH
JUDGE
NO.2
Brief facts
Noeline Makula has filed an application for letters of administration and Stella Makudde has
lodged a caveat against the application claiming Noeline will not take care to the step
children that is Arthur and Ariel.
Issues arising
1. Whether Noeline can file a suit to remove the caveat?
2. Whether Noeline can secure an interim remedy to pay tuition for the children?
LAWS APPLICABLE;
1. The Constitution of the Republic of Uganda, 1995.
2. The Succession Act, Cap 268.
3. The Administrator Generals Act, Cap264.
4. The Evidence Act, Cap 8.
5. The civil procedure Act, cap 71.
6. The civil procedure Rules. S.1-71.1
RESOLUTION;
ISSUE 1: Whether Noeline can file a suit to remove the caveat?
section 252(1) of the succession Act empowers an applicant to file a suit against the
cavetor within 6 months from the time of lodgement of the caveat. In the instant case,
facts show that Stella Mukudde lodged a caveat against the application of grant of letters
of administration of Noeline Makula. I would advise Noeline Makula to file a suit
removing the caveat lodged by Stella Mukudde.
Issue 2: Whether Noeline can secure an interim remedy to pay tuition for the
children?
Section 214 of the Succession Act, cap 162 allows a prospectus administrator of the
estate of the deceased whose application has been caveated amidst urgency to handle
emergency in the estate to apply to court for an interim letter of administration pending
the conclusion of the suit. Our facts show that Noeline Makula needs tuition for the
children and also look after the mother-in-law. So, i advise Noeline Makula to apply to
court for interim letters of administration.
