The late Walji had left a will and she was not one of his dependants. The Respondents in their defence maintained their objection and contended that the Appellant had obtained the Certificate of objection through misrepresentation. 239 of 2002 pursuant to section 265 of the Succession Act (Cap 162) Laws of Uganda where she insisted that she was indeed the biological daughter of late Walji and sought a declaration that the caveat be removed and Letters of Administration be issued to her. Consequently, the Appellant filed HCCS No. After obtaining the letter of No Objection before the grant could be made to her, the Respondents lodged a caveat objecting to her application on the ground that she was not the daughter of late Walji and that he had left a Will. The Appellant had applied to the Administrator General for the grant of Letters of Administration to the estate of the Late Nurdin Mohammed Walji (hereafter referred to as Walji) in the capacity of his daughter. The background to the appeal is briefly as follows: This appeal is against the Judgment and orders of the High Court (Vincent Kagaba J.) given on the 26 th July 2007 in High Court Civil Suit No. The appeal was dismissed with costs to the respondents. The appellant appealed against part of this judgment and the respondents also cross appealed. The high court ruled that The Plaintiff is the child of the deceased Nurdin Walji Charania, the Plaintiff is not entitled to obtain Letters of Administration or Probate of the will, the deceased Walji died testate, the will shall not be varied as the Plaintiff had not proved to be a minor or dependant of the deceased, the Court has jurisdiction only over the deceased’s immovable property situated in Uganda, No order for costs of the suit. Subsequently, the appellant sued the respondents in High court. Upon grant of a certificate of No Objection by the Administrator General, the respondents lodged a caveat objecting to the said proposed grant. The appellant sought to apply for letters of administration to the estate of the late Walji as his daughter. Will – variation of a will – whether the will could be varied to cater for the interests of the appellant – will – whether the deceased died intestate. Succession Act – grant of letters of administration – whether the High court has jurisdiction to grant letters of administration to the estate where the deceased was domiciled in Belgium at the time of his death- whether the appellant had a right to the grant of letters of administration to the estate of the late Walji.
0 kommentar(er)
