BRIEF FACTS

Zaabu Kwezi, a 45-year-old widow of Joel Kwezi, recently returned to

Uganda after living in Canada for over a decade. Her late husband left a
Will, with his son, Samuel Mulimba, as the executor. Joel’s estate, worth
over one billion Uganda Shillings, included properties in Lubowa,
Wankoko, Lyamutwe, and Nkumba. Upon conducting an official search in
2025, Zaabu discovered that Samuel fraudulently obtained Letters of
Administration by falsely claiming to be Joel’s only surviving relative. He
then registered the Lyamutwe and Nkumba lands in his name and sold the
Lyamutwe land to John Mutambuze. Additionally, Samuel’s negligence led
to the loss of equipment worth 53 million Uganda Shillings meant for a
fruit juice processing project. Zaabu, who has been financially supporting
her father-in-law’s medical care and her children’s education, now faces
difficulties accessing rent from her late husband’s properties. She intends
to return permanently to Uganda and recover her husband’s land.

ISSUES
1. What are the available remedies to Mrs.Kwezi?

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.

Resolutions
What are the available remedies to Mrs. Kwezi?
Mrs. Kwezi has interim and long term remedies available to her,
the following are the remedies available;
Lodging a Caveat
Caveats are formal notices filed with the court and are used to prevent the
grant of probate or letters of administration if someone has a legal reason
to do so.
Subsection (2) of section 251 of the Succession Act 268 states;
"Where a caveat is lodged in respect of a petition for probate or letters of
administration, court shall suspend the proceedings in the matter until the
caveat has been withdrawn, lapsed or a suit for the removal of the caveat
has been filed and determined by court."
The law allows the lodgment of a caveat to protect the estate of a
deceased person. Section 249 of the Succession Act, Cap. 268
provides that Caveats against the grant of probate or administration may
be lodged with the High Court or Chief Magistrate or Magistrate Court; and
immediately on any Caveat being lodged with any Chief Magistrate Court
or Magistrates Court or the Magistrate shall send a copy of the caveat to
the High Court.
Section 252 subsection 2 stipulates that; " Notwithstanding subsection
(1) a person who lodges a caveat in respect of a petition for probate or
letters of administration shall, within six months from the date the caveat
was lodged, commence proceedings to prove the objections contained in
the caveat".

Subsection 3 of the same section provides that; "where a person who

lodges a caveat of a petitioner for probate of letters of administration
does not comply with the provisions of subsection (1) or (2), the caveat
shall lapse.

The caveat before placing a caveat must have a caveatable interest.

In Adong Suzan And 2 Ors V Otack Raymond HCT -02- CU -0089-
2002HC, the defendant who was not related to the deceased lodged a
caveat against the grant of letters to the plaintiffs children to the
deceased. His ground was that the application included customary land.
Karia J, held that the defendant not being in any way related to the
deceased was not entitled to lodge a caveat forbidding the grant. Court
awarded 2,000,000 general damages were awarded against the
defendant for preventing the proper management of the estate causing
losses to the plaintiff.

In the facts before us Zaabu Kwezi is the widow to Joel Kwezi and have
two children together therefore she has caveatable interest in the estate
as she and her children are beneficiaries to the estate and she would like
to ensure that he husband’s land is recovered from John Mutambuze and
Samuel therefore she can lodge a caveat.

Temporary Injunction
E.LT Kiyimba Kaggwa v. Haji Abdu Nasser Katende [1985] HCB 43,
the granting of a temporary injunction is an exercise of judicial discretion
and the purpose of granting it is to preserve the matters in the status quo
until the question to be investigated in the main suit is finally disposed of.
The Court further laid out the considerations for the grant of the
temporary injunction and these are;
1) The application must show a prima facie case with a probability of
success.
2) Such injunction may not normally be granted unless the applicant
might otherwise suffer irreparable injury which would not
adequately be compensated by an award of damages.
3) If the court is in doubt, it would decide the application on a balance
of convenience.

In relation to the facts before us in order to restrain Samuel from further

dealings on the estate of the deceased, Zabbu Kwezi can apply for a
temporary injunction which she waits for the long term remedy. There is a
prima facie case as letters of admiration were fraudulently acquired and
her and her children who are beneficiaries to the estate may face
irreparable damage.

Administration Pendete Lite

Administration pendente lite is provided for under Section 214 of
Succession Act Cap 268 , provides that the court may pending any suit
touching the validity of the will of a deceased person or for obtaining or
revoking any probate or any grant of letters of administration, appoint an
administrator of the estate of the deceased person, who shall have all the
rights and powers of a general administrator, other than the right of
distributing the estate, and every such administrator shall be subject to
the immediate control of the court, and shall act under its direction.
However according to Tayebwa & 5 Ors v Kyatwoha (Miscellaneous
Civil Application 60 of 2012) the special administrator will have limited
authority regarding distributing assets, and he/she will mainly be
appointed to pay bills, taxes, salaries of the employees and make any
time sensitive decisions.

Letters of administration pendente lite can be granted where the present

letters of administration were obtained fraudulently. In the case of
Bulasio Konde v Bulandina Nankya & Anor Civil Appeal 7 of 1980
Court appointed the Administrator General as an administrator pendente
lite
upon discovery that the current administrator of the estate had obtained
the letters of administration fraudulently since he was not the beneficiary
with the biggest share of the estate.

In in the brief facts before us Zaabu Kwezi needs to pay tuition for their
children and their other needs and for the health care for the father-in-law
and his other needs. This is a viable remedy to ensure that as the suit is
pending the needs of the beneficiaries of the deceased are catered for.

REVOCATION
Pursuant to S.230 (1) of the succession act cap 268, the letters of
administration may be revoked or annulled for just cause.
Just cause is defined to mean:
1) That the proceedings to obtain the grant were defective in
substance.

2) That the grant was obtained fraudulently by making a false

suggestion or by concealing from the court something material to
the case. In Romano Salim Ogwanga And 5 Ors V Saida Atala',
Justice Remmy Kasule stated in order to impeach the letters on
grounds of fraud, the fraud must be specifically pleaded and the
allegations of fraud must be specifically pleaded and the
allegations of fraud must be strictly proved.. The standard of proof
is more than a mere balance of probabilities.

3) That the grant was obtained by means of untrue allegation of a fact

essential in point of law to justify the grant, though the allegations
was made in ignorance or inadvertently.

4) That the grant has become useless and inoperative through

circumstances.
5) 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 material
respect.
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.

In Nalubega Gladys & 3 Ors v Sebuluguse Henry HCCS No.44 /

2010. Justice PN Tuhaise held that it is not in dispute that the
defendant obtained the grant by making a false statement that the late
did not leave any widow or Children and the defendant had not filed a true
inventory nor a true Account of the properties of the deceased as he
undertook in the bond. Therefore, there existed a just cause for revocation
or annulment of the grant of Letters of Administration.

In AMECHO V TWALIB AND 2 ORS H.C.C.S NO.9 OF 2008, it was held

that it is trite law that a grant remains valid until revoked even if obtained
by fraud so long as the grant remains un revoked, the grantee represents
the estate of the deceased.

In relation to the facts at hand, Samuel obtained letters of administration

fraudulently and under untrue allegations there Zaabu Kwezi can go
ahead and institute a suit by ordinary plaint to revoke the grant of letters
of administration.
ISSUE 2. What are the practical steps which Zaabu Kwezi should
take in the interim in order to protect the estate of Joel Kwezi
(deceased)?

1.An order for Administration Pendente Lite.

Under Sect 214 of Cap 268 court has power pending any suit touching t
he validity of the will for obtaining or revoking any probate/letters of admi
nistration, appoint an administrator of the estate of the deceased, who sh
all have the rights and powers of a general administrator other than distri
buting 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 .

Procedure
Sect 98 of the CPA and Order 52 of the CPR By Notice of Motion and Affida
vit in Support.

2.Lodging a Caveat
Section 123(1) of the Registration of Titles Act Cap 240 provides fo
r 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 o
f 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 which position was see
n in the case of Kazoora V Rukuba HCCA 13/1992.
PRACTICAL STEPS.
Extract a caveat.
Accompanied with an Affidavit in Support.
Payment of requisite fees.
Registration in the register book.

3.Temporary Injunction.
Sect 98 of the CPA provides for the inherent powers of court to grant re
medies.
Order 41 Rule 2 states that one can apply for a temporary injunction to r
estrain the defendant from committing injury of any kind relating to the pr
operty where a main suit on the same matter is pending.
Order 41 Rules 2 and 9 state that an application for temporary injunctio
n 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 fa
cie case, Irreparable damage, and Balance of convenience.
PRACTICAL STEPS.
Apply to court using Chamber summons.
The Chamber Summons must be supported by an affidavit stating clearly t
he grounds.
Payment of requisite filing fees.
Service of summons to the respondent
Filing an Affidavit of service.
4.Interim Orders.
An ex-parte interim order is obtained from court to immediately grant an
injunction without giving direct notice of the application to the opposite
party on the basis that such notice would cause undue delay and that the
object of granting the interim relief would thereby de defeated as
provided for under Order 50 Rule 3A of CPR.

It is important to note that an ex-parte interim order is applied for orally

as provided for under Order 50 Rule 3A (4) of the Civil Procedure
Rules S.I 71-1 as amended.

This order is granted in circumstances where;

i. The matter is urgent in nature.

 ii. There is a real threat or danger.

iii. It is made in good faith.

An interim Order is by Notice of Motion Supported by an Affidavit.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

CIVIL SUIT NO.______ OF 2025

ZAABU KWEZI
{ PLAINTIFF

VERSUS

SAMUEL MULIMBA
{ DEFENDANT

PLAINT

1. The Plaintiff is an Adult Female Ugandan of sound mind aged 45

years, resident of Lubowa, Entebbe Road. For purposes of this suit,
the address for service shall be M/s Akandonda & Co. Advocates,
Sure House, Mbarara City.
2. The Defendant is an Adult Male Ugandan presumably of sound mind
aged 30, resident of Nkumba, Entebbe Road.
3. The Plaintiff intends to effect service of court process on the
Defendant
4. The Plaintiff’s claim against the Defendant is for a declaration that
the grant for letters of Administration for the Estate of Joel
Kwezi(deceased) were obtained fraudulently by making false
suggestions and concealing material facts, revocation of the letters
of Administration for the Estate of Joel Kwezi(deceased) obtained
fraudulently, that the Defendant makes good the loss and damaged
occasioned, General Damage, and Costs.
5. The facts constituting the Cause of Action are as follows;
(a) The plaintiff in January 2025 conducted a search and found out
that despite the fact that the Joel Kwezi (the deceased) had left a
will, the Defendant had applied for Letters of Administration for
the estate of Joel Kwezi (Deceased) in the capacity of the only
surviving relative of the deceased (Attached is a copy of a
Notice of Application for Letters of Administration for the
estate of Joel Kwezi(Deceased) marked Annexure “A”)
whereas the deceased had three biological children with the
Plaintiff(Attached are certified Birth Certificates of Martha
 Kirabo, Happy Fortunate, Christian Peregrine Junior
marked Annextures “B”, “C” and “D” respectively).
(b)The Letters of Administration were granted by High Court of Jinja.
(c) The 1st Defendant further obtained a Special Certificate of Title
to Busiro Block 336 Plot 445 and registered it in his name Samuel
Mulimba (Administrator of estate of Joel Kwezi (deceased) and
sold the land to a third party. Subsequently, the Defendant
applied for and obtained a Special Title in respect of land at
Busiro Block 336, Plot 324 registered the land in his name
Samuel Mulimba (Administrator of estate of Joel Kwezi
(deceased).
(d)The Defendant while applying for Letters of Administration stated
that the deceased owned unregistered land at Bulangha and
Nawaikhokhe in Busoga valued at Ug Shs. 50,000,000.
(e) The Defendant after obtaining Letters of Administration
abandoned the fruit juice processing project and building at
Lyamutwe and failed to pay the security company for over six
months leaving the premises un attended to resulting into
destruction and loss of machinery all attuning to a loss of an
amount of Ug Shs. 53,000,000 as a consequence of the
Defendant’s negligence.

PARTICULARS OF FRAUD

The Defendant applied for and obtained Letters of Administration in

respect of the estate of Joel Kwezi in the capacity of the biological
son and only surviving relative of the deceased whereas the
deceased had three biological children; Martha Kirabo aged 18,
Happy Fortunate aged 15 and Christian Peregrine Junior age 13.

The Defendant in applying for Letters of Administration stated that

the deceased was a resident of Bulangha village and that he was
buried at Bulangha village in Iganga District in Busoga Region
whereas the deceased was buried at Lyamutwe, Busiro in Wakiso
District.
 6. That the plaintiff has suffered loss as a consequence of the
Defendant’s actions and therefore seeks for General Damages of Ug
Shs. 100,000,000.
7. The Defendant was served with a Notice of intention to sue (A copy
of the Notice of Intention to sue is Attached and marked
Annexure “E”)
8. This matter is within the jurisdiction of this Honourable Court.

WHEREFORE, the Plaintiff Prays for:

(a) A declaration that the letters of Administration for the Estate of Joel
Kwezi(deceased) were obtained fraudulently.
(b)Revocation of the letters of Administration for the Estate of Joel
Kwezi(deceased) obtained fraudulently.
(c) An Order that the Defendant makes good the loss and damaged
occasioned to the estate of the Joel Kwezi (the deceased)
(d)General Damages.
(e) Costs.

Dated at Kampala this 15th day of March, 2025.

________________________________________
M/S AKANDONDA & CO. ADVOCATES
(COUNSEL FOR THE PLAINTIFF)

Lodged at the Registry the 16th day of March, 2025.

_______________________________________
ASSISTANT REGISTRAR

DRAWN AND FILLED BY;

M/S AKANDONDA & CO. ADVOCATES

SURE HOUSE
MBARARA
 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

CIVIL SUIT NO.____ OF 2025

ADMINISTRATION CAUSE N0. 15 OF 2025

ZAABU KWEZI
{ PLAINTIFF

VERSUS

SAMUEL MULIMBA {
DEFENDANT

SUMMARY OF EVIDENCE

The Plaintiff shall adduce evidence to prove that that the letters of
Administration for the Estate of Joel Kwezi(deceased) were obtained
fraudulently by the Defendant.

LIST OF DOCUMENTS.

1. Notice of Application for Letters of Administration for the estate of

Joel Kwezi (Deceased).
2. Birth Certificate of Martha Kirabo.
3. Birth Certificate of Happy Fortunate.
4. Birth Certificate of Christian Peregrine Junior.
5. Any other with leave of court.

LIST OF WITNESSES.

1. The Plaintiff.
2. Any other with leave of court.

LIST OF AUTHORITIES.

1. The Constitution of the Republic of Uganda, 1995.

 2. The Evidence Act, Cap.8.
3. The Succession Act Cap. 268.
4. Relevant case law.
5. Any other with leave of court.
Dated at Kampala this 15th day of March, 2025.

___________________________________

M/S AKANDONDA & CO. ADVOCATES

(COUNSEL FOR THE PLAINTIFF)

DRAWN AND FILLED BY;

M/S AKANDONDA & CO. ADVOCATES

SURE HOUSE

MBARARA
d) What ethical issues might arise in the course of executing the
widow’s instructions and how would you deal with them?

In handling Zaabu Kwezi’s legal matter, adherence to the Advocates

(Professional Conduct) Regulations, SI (the Regulations) is essential. In
this case, the following are the major ethical considerations and how they
should be handled.

1. Due Diligence (Regulation 2)

Verify the validity of Samuel Mulimba’s Letters of Administration,

investigate property transactions, and confirm the existence of the
original Will before taking action.

2. Confidentiality (Regulation 7)

Maintain discretion in handling client information and share case details

only with authorized parties.

3. Exploitation of Clients (Regulation 11)

Ensure fair legal fees, provide clear advice, and avoid taking advantage of
the client’s vulnerable situation.

4. Res Subjudice (Regulation 20)

Avoid interfering with ongoing legal proceedings; seek proper court

intervention if necessary.

5. Conflict of Interest (Regulation 10)

Ensure no prior dealings with Samuel Mulimba to avoid conflicts; disclose

and resolve any identified conflicts.

6. Exorbitant Fees (Regulation 28)

Charge reasonable and justifiable fees, keeping them within legal and
ethical limits.

7. Corruption and Bribery (Regulation 13)

Follow lawful procedures and avoid any attempts to influence officials
through bribery.

8. Transparency & Accountability (Regulations 8 & 29)

Keep the client informed, document legal actions, and ensure proper
financial handling.

Part II
Brief facts
Ludovic Wasema, Ellen Nandutu, and Solana Wambwa are co executors in
the estate of the late Jude Waniala Vide Administration Cause No. 012 of
2024. After the grant of Letters of Probate, Ellen Nandutu suffered a
stroke, while Ludovic Wasema is currently serving a sentence of 10 years’
imprisonment at Luzira Prison. Wambwa is failing to execute the Letters of
Probate due to the said incapacities of Nandutu, and Wasema yet there
are urgent basic needs.
Legal Issues
1. Whether there any remedies available to Solana Wambwa in the
circumstances.
2. What is the most appropriate procedure and documents?

Law Applicable
3. The Judicature Act, Cap. 16
4. The succession Act, Cap. 268
5. The Civil Procedure cat, Cap. 282
6. The Civil Procedure Rules SI 71-1
7. Case law

Resolution of Issues
Issue1.whether there are any remedies available to solana
Wambwa in the circumstances.
The available remedy to Solana Wambwa is making an application to
revoke the letters of Probate.
Letters of Probate may be revoked where they have become inoperative
as per section 230(2)(d) of the Succession Act,Cap 268.In the case of
Galbraith(1951)2ALL.E.R the surviving executor were of very advanced
age and of such a degree of mental and physical infirmity that they could
no longer administer the estate. The application for annulment of the
Grant was by motion and it was annulled.
In the Indian case of P.H Alphonse v De Cosya & Ors.AIR 1964 Kant,court
relied on the case of RE:Galbraith (1951)2ALL.E.R and gave examples of
situations in which a grant may be regarded as inoperative.
a)where the administer has been sentenced to a term of imprisonment.
b)The administrator has disappeared and cannot be found.
c)The administrator us mentally incapacitated owing to mental illness.
d)The administrator is physically infirm and as such cannot continue to
administer the estate.
With reference to the instant facts, Solana Wambwa can make an
application to court for annulment of Letters of Probate since Ellen
Nandutu suffered a stroke, while Ludovic Wasema is currently serving a
sentence of 10 years’ imprisonment at Luzira Prison and they can no
longer administrator the estate.
Issue No. 2 - What is the most appropriate procedure and
documents?
Procedure
1) Draft an application for annulment of powers vested in the two
incapacitated co administrators, and vesting the applicant with all
powers to administer the late Jude Waniala’s estate.
2) This will be attained through a notice of motion supported by
Wambwa’s affidavit.
3) Assessment and payment of the appropriate Court filing fees.
4) Filing the application in High Court Registry at Mbale Circuit.
5) The Registrar enters the application in the Miscellaneous
Cause/Applications Register, and allocates the application number.
6) Fixing and signing of the Application by the Deputy or Assistant
Registrar.
7) Applicant takes out copies of the application
8) Applicant and/or her advocate appear for hearing the application.
9) Once an application is granted, the applicant can go ahead to
administer the late Jude Waniala’s estate, starting with withdrawing
the money in the deceased’s Bank account to cater for the urgent
basic needs.

Documents
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT MBALE
 MISCELLANEOUS APPLICATION NO. _____ OF 2025
(Arising from Administration Cause No. 012 of 2024)
IN THE MATTER OF THE ESTATE OF THE LATE JUDE WANIALA
(THE DECEASED)
AND
IN THE MATTER OF APPLICATION FOR REVOCATION OF LETTERS OF
ADMINISTRATION BY SOLANA WAMBWA

NOTICE OF MOTION
(Under Section 37 of the Judicature Act, Cap. 16, Section 98 Civil
Procedure Act, Cap. 284, & O.52 rr. 1& 3).

TAKE NOTICE this Honourable Court shall be moved on the 17th day of
march,2025 at 9:00 o’clock as Counsel for the applicant shall be heard on
the application for orders that:
a) The grant of letters of administration in Administration Cause No.
012 of 2024 be revoked as against Ellen Nandutu, and Ludovic
Wasema (The Applicant’s co - administrators).
b) The Applicant be confirmed the sole administrator of the estate in
question for purposes of successful administration of the same.
c) Costs of this application be provided for.
TAKE FURTHER NOTICE that the grounds of this application are
contained in the affidavit of Solana Wambwa, the Applicant herein, which
shall be read and relied on at the hearing but briefly are:
1) That on the 30th day of June, 2024, the Applicant together with
Ellen Nandutu, and Ludovic Wasema, his Co-Administrators
respectively applied for, and were granted Letters of Probate in the
estate of the late Jude Waniala vide Administration Cause No. 012
of 2024.
2) That on the 23rd day of November, 2024, Ellen Nandutu suffered a
stroke which has incapacitated her from carrying on her duties as
an administrator to the estate in question.
3) That on the 27th day of January, 2025, Ludovic Wasema was
sentenced to ten years’ imprisonment which he is serving in Luzira
Prison.
4) That the Applicant is failing to fulfil her obligations as an
administrator of the estate of the late Jude Waniala due to the
incapacities of Nandutu, and Wasema, his respective co
administrators.
5) That it is in the interest of justice that this application is granted.
Dated at Kampala this 17th day of March, 2025

GIVEN under my Hand and the Seal of this Honourable Court this
________ day of __________________________, 2025

______________________________
DEPUTY REGISTRAR

DRAWN AND FILLED BY;

M/S AKANDONDA & CO. ADVOCATES

SURE HOUSE

MBARARA

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA HOLDEN AT MBALE
MISCELLANEOUS APPLICATION NO. _____ OF 2025
(Arising from Administration Cause No. 012 of 2024)
 IN THE MATTER OF THE ESTATE OF THE LATE JUDE WANIALA
(DECEASED)
AND
IN THE MATTER OF APPLICATION FOR ANNULMENT OF LETTERS OF
ADMINISTRATION BY SOLANA WAMBWA
AFFIDAVIT IN SUPPORT

I, SOLANA WAMBWA, C/O Akandonda & Co. Advocates, Sure House,

Mbarara City, Mbarara, do solemnly make oath and state as follows:
1. That I am a female adult Ugandan of sound mind, an Applicant herein.
I swear this oath in that capacity.
2. That the late Jude Waniala was survived by Seera Lakeeri, his mother
now aged 85, his children Gloria Peace aged 14, and Edrine Christmas
now aged 10 respectively.(Copies of the birth certificates are
attached and marked "A"&"B")
3. That on the 30th day of June, 2024, I, together with Ellen Nandutu, and
Ludovic Wasema, respectively applied for, and this Court granted us
Letters of Probate in the estate of the late Jude Waniala (deceased) in
Administration Cause No. 012 of 2024.(Attached is a copy of the
letters of Probate marked "C")
4. That on the 23rd day of November, 2024, Ellen Nandutu one of my co
– administrators suffered a stroke.(Attached is a medical report
attached and marked "D")
5. That the said stroke has since made Ellen Nandutu unable to carry on
her duties as co administrator to the estate in question of the late Jude
Waniala as required by the Letters of Probate.
6. That on the 27th day of January, 2025, Ludovic Wasema was
sentenced to ten years’ imprisonment which is currently serving in
Luzira Prison.(Attached is an Indictment marked "E")
7. That Ludovic Wasema’s said imprisonment has made him unable to
administer the estate of the late Jude Waniala as required by the
Letters of Probate.
8. That Seera Lakeeri, deceased’s mother, suffers from severe dementia
which requires constant expert medical care, while the deceased’s
children need tuition fees, scholastic materials, and medical care.
(Attached is the medical examination report,Fees Bank slips
marked "F"&"G")
9. That I want to withdraw money from the late Jude Waniala’s Bank
Account in City Bank Ltd (Mbale Branch).
10. That the Bank Manager declined to authorize withdrawal of any money
from the deceased’s Bank Account on the ground that I have no
mandate to so transact.
11. That as a result of the above disclosed respective co administrators’
incapacities, I am failing to fulfil my obligations as the only capable
administrator of the estate of the late Jude Waniala.
12. That my lawyers in the above law firm have informed me, which I
believe to be true that in the circumstances, this Court can annul the
powers, duties, and obligations of my above said co administrators,
and allow me to singularly administer the estate of the deceased.
13. That this affidavit in support of my application is for annulment of the
powers vested in Ellen Nandutu, and Ludovic Wasema (my co
administrators respectively) by virtue of the grant of Probate, and vest
the same in me singularly.
14. That it is in the interest of justice that this Application be granted.
15. That whatever I have stated herein above is true to the best of my
knowledge and belief save where it according to information whose
source I have disclosed.
SWORN at kampala this 17th of March,2025.

By the said,
SOLANA WAMBWA _____________________
DEPONEN
T

BEFORE ME;

_________________________
COMMISSIONER FOR OATHS
Drawn & filed by:
Akandonda & Co. Advocates.
Sure House, Mbarara City,
Mbarara.