Court name
HC: Family Division (Uganda)
Judgment date
10 January 2013

Lukanga & Anor v Kanakulya (HCCS-2008/42) [2013] UGHCFD 1 (10 January 2013);

Cite this case
[2013] UGHCFD 1

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

HIGH COURT CIVIL SUIT NO. 42 OF 2008

1. GEORGE LUKANGA    ::::::::::::::::::::::::::::::::::::::::::::::::::::::     PLAINTIFFS

2. JOHN KYABBAGU

VERSUS

PATRICK DAVID KANAKULYA ::::::::::::::::::::::::::::::::::::::::::::  DEFENDANT

BRIEF FACTS

On 17th March 2008, the Plaintiffs filed a Suit in this Court as principal beneficiaries (being children of the deceased) of the estate of the late Christopher Kateregga (Deceased) against the Defendant as Administrator of the estate of the said Christopher Kateregga by virtue of Letters of Administration granted to him by the Chief Magistrate’s Court Mpigi vide Administration Cause No. 21 of 1994. On 19th May 2008, the Defendant filed his written statement of defence. Both parties have since by consent amended their pleadings.

 Defendant raised a preliminary objection on a point of law which is the subject of this ruling.

ISSUES

Whether the plaintiff has a right of action as a beneficiary to the estate

Whether the plaintiff suite is barred by the law of limitation

PLAINTIFF RIGHT OF ACTION-PRINCIPAL BENEFICIARY-LAW OF LIMITATION

 

Case law

in the case of Tororo Cement Company Ltd Vs Frokina International Ltd Civil Appeal No. 2 of 2001

the case of Swaleh Bin Nassari Vs Salim Bin Swaleh Bin Hussein [1960] EA 426

this case is Section 25 of the Succession Act which provides:-

“All property in an intestate devolves upon the personal representative of the deceased upon trust for those persons entitled to the property under this Act”.

the Limitation Act Cap 80. Section 20 of the Limitation Act provides:-

“Subject to Section 19(1) no action in respect of any claim to the personal estate of a deceased person or any share or interest in such estate whether under a Will or on Intestacy shall be brought after the expiration of twelve years from the date when the right to receive the share or interest accrued ……………………………………. “(emphasis mine)”.

HOLDING

In the result the preliminary objection fails. Costs will be in the cause.