WORKSHOP TWO

PART A

BRIEF FACTS

The deceased, Luka Nsimbi, died intestate on August 7, 2025. He is survived by two
widows married under customary law: Jane Nnungi (married 1996) and Stica
Ndifuna (married 2012). The deceased is also survived by the following sons and
daughters: Maria Tereza Mukisa (30 years), Sanyu Sandra Miti (17 years), Sarah
Nsimbi (15 years) – daughter of Jane, Victoria Tezitta (12 years) – who was his niece
and adopted daughter, Leocadia Meeme (10 years), Yudesi Mirembe (6 years), and a
boy with Dinah Mwangu the house-help.

The deceased also maintained Nikodemu Musisi (88 years), his paternal uncle, and
Moses Jjuuko (13 years), a minor ward left under his testamentary guardianship by
a deceased friend. The estate consists of two residential houses (Luzira and
Nyenga), 10 acres of land at Kasana Buddu Block 324, Plot 30, a maize mill at
Abayita’ababiri, five rental shops in Luzira, and a commercial building in Masaka
Town. Additionally, the deceased was the registered Administrator of the estate of
Semeo Nsimbi Musisi regarding land at Kasaana (Block 322 Plot 18).

ISSUES

1.​ What property constitutes the estate of Luka Nsimbi (deceased)?

2.​ Who are the beneficiaries of the estate of Luka Nsimbi (deceased) and what
are their rights?
3.​ What additional information is required to ensure that the beneficiaries
manage the estate of Luka Nsimbi (deceased) lawfully?
4.​ What is the forum, procedure, and documents necessary for Jane Nnungi and
Stica Ndifuna to obtain letters of administration to manage the estate of Luka
Nsimbi (deceased)?
5.​ What are the steps, procedure, and practice for obtaining letters of
administration in the circumstances?

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LAW APPLICABLE

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

2.​ The Succession Act, Cap 268
3.​ The Children Act, Cap 62
4.​ The Registration of Titles Act, Cap 240
5.​ The Civil Procedure Act, Cap 282
6.​ The Civil Procedure Rules, SI 71-1 (As amended by SI No. 33/2019)
7.​ Relevant Case Law

RESOLUTION OF ISSUES

Issue One: What property constitutes the estate of Luka Nsimbi (deceased)?

A person dies intestate in respect of all property which has not been disposed of by
a valid will. As per Section 20 of the Succession Act.

It follows that the following property constitutes the estate of Luka Nsimbi
(deceased).

1.​ Residential Holdings:

➢​ The house at Luzira occupied by Jane and her children.
➢​ The house at Nyenga, Masaka occupied by Stica and her children.
2.​ 10 acres of land at Kasana, Masaka known as Buddu Block 324 Plot
30.
3.​ The Maize Mill at Abayita’ababiri, Wakiso.
4.​ Five shops at Luzira valued at UGX 900m, and the rental income of six
million Uganda Shillings per month.
5.​ Commercial building in Masaka Town valued at one billion Uganda
Shillings, plus its rental income of (15) million Uganda Shillings per
month.

Excluded Property:

Buddu Block 322 Plot 18: Since Luka held this in trust as an Administrator for
Semeo Nsimbi Musisi. It does not form part of Luka's personal estate.

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Issue Two: Who are the beneficiaries of the estate of Luka Nsimbi (deceased)
and what are their rights?

Where a person dies intestate, his/her estate must be distributed in accordance

with the law. The beneficiaries entitled to share in the estate are provided for in
Section 23 of the Succession Act.

The estate of an intestate, except for his or her principal residential holding or other
residential holding, must be divided among the beneficiaries. Section 22, 23 and 25
of the Succession Act. Where the intestate is survived by a spouse, a lineal
descendant, a dependent relative and a customary heir or heiress, their rightful
shares are provided for in Section 23(1)(a).

From the facts, the following are the beneficiaries:

Surviving Spouses - A spouse is a husband or wife married in accordance with the

law to constitute a valid marriage recognised in Uganda. Per Section 2 of the
Succession Act. Jane Nnungi & Stica Ndifuna are spouses. This is because they
were lawfully married customarily. On the other hand, Dinah Mwangu is not a
spouse since she was a househelp and there is no marriage between her and the
deceased.

Rights: They are entitled to share 20% of the estate. They also have a right of
occupancy of their respective residential holdings. Per Section 22, 23, 25 of the Act,
and Schedule 3 to the Act.

Lineal Descendants - include children of the deceased and adopted children.

Section 2 of the succession Act.

Sarah Nsimbi, Sanyu Sandra Miti, Maria Tereza Mukisa, Leocadia Meeme, Yudesi
Mirembe and the boy for Dinah Mwanga.

For Victoria Tezitta, there is need for additional information as to whether she was
legally adopted to qualify as a lineal descendant.

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Rights: They are entitled to 75% of the estate. This includes Maria Tereza. They also
have a right of occupancy in the residential holdings as minors, except Maria Tereza,
since she is an adult,

Dependent Relatives: -Section 2 of the Act.

Nikodemu Musisi

Rights: He is entitled to share 4% of the estate.

Customary Heir: - Section 2 of the Act

There is need for additional information to establish who the customary heir is.

Right: Entitled to 1% of the estate.

Issue Three: What additional information is required to ensure that the

beneficiaries manage the estate of Luka Nsimbi (deceased) lawfully?

Where the deceased dies intestate, the remedy available to the beneficiaries of the
estate in order to lawfully manage the property of the deceased is to apply for
letters of administration.

Where there is a will that does not mention the executor, or where the executor is
not able/interested, or if there are properties not included in the will, the
beneficiaries may apply for LOA with the will annexed. Per Sections 192 and 193
of the Succession Act.

letters of administration entitle the administrator to all rights belonging to the

intestate from the time of death. Per Sec 188.

Letters of administration are conclusive evidence that the person is the

representative of the deceased against all persons such as debtors. Per Section
238.

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Therefore, in order to successfully obtain the LoA, the following additional
information is required.

1.​ Death certificate of Luka Nsimbi

2.​ Customary Marriage Certificates of the two spouses.

3.​ Evidence of legal adoption for Victoria Tezitta to find out whether she
qualifies as a lineal descendant.

4.​ Proof of Maintenance for Nikodemu Musisi (88) to determine whether he is a

dependent relative to meet wholly or substantially dependent on the
deceased for the ordinary necessaries of life.

5.​ A will left by Male Ssuubi appointing Luka Nsimbi as the Guardian of Moses
Jjuuko (13), to confirm that he is not a linear descendant of the deceased.
There is need to determine whether Moses Jjuko had any property
bequeathed to him. (Read Sections 45 and 46 of the Act.

6.​ Duplicate Certificates of Title for Land at Buddu Block 324 Plot 30, the land
at Abayita’ababiri, and all other mentioned property.

7.​ Conduct Searches on land registries to confirm whether there are any
encumbrances on the land.

8.​ Professional Valuation Report for valuation of all properties to confirm the
total value.

9.​ Family meeting minutes as evidence of the family meeting where a

Customary Heir was installed, to determine who is entitled to the 1% share
of the estate.

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Issue Four: What is the forum, procedure, and documents necessary for Jane
Nnungi and Stica Ndifuna to obtain letters of administration to manage the
estate of Luka Nsimbi (deceased)?

Forum:

High Court Family Division - because the estate is beyond UGX 50m which means
it is not a small estate. - Article 139 of the Constitution gives the High Court
unlimited jurisdiction, Section 231 which grants jurisdiction to the High Court.

Procedure

By petition per Section 242 of the Act

Documents:

-​ Petition, per Section 242 of the Act

-​ Verification of the petition - per Section 243 of the Act
-​ Notice of presentation of a petition per Section of the Act
-​ Declaration
-​ Administration Bond

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

PROBATE AND ADMINISTRATION CAUSE NO. ___ OF 2026

IN THE MATTER OF THE ESTATE OF THE LATE LUKA NSIMBI FORMERLY OF

LUZIRA KAMPALA

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY

JANE NNUNGI AND STICA NDIFUNA WIDOWS OF THE LATE LUKA NSIMBI
FORMERLY OF LUZIRA KAMPALA

PETITION

(Brought under Sections 242 and 243 of the Succession Act, Cap. 268)

THE HUMBLE PETITION of Jane Nnungi and Stica Ndifuna states as follows:

1.​ That your petitioners are adult female Ugandans of sound mind and
surviving spouses of the late Luka Nsimbi.

2.​ That the late Luka Nsimbi died on the 7th day of August 2025 at Mulago,
Kampala of heart failure. (Attached is a death Certificate marked “A”)

3.​ That the deceased at the time of his death had his fixed place of abode at
Luzira, Kampala District, within the jurisdiction of this Honorable Court.

4.​ That the deceased died intestate and is survived by two widows to wit: Jane
Nnungi a resident of Luzira, Kampala, and Stica Ndifuna a resident of
Nyenga, Masaka who are both your petitioners in this matter.

5.​ That the late Luka Nsimbi was also survived by the following Children:

I.​ Maria Tereza Mukisa (30)

II.​ Sanyu Sandra Miti (17)

III.​ Sarah Nsimbi (15)

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 IV.​ Victoria Tezitta (12)

V.​ Leocadia Meeme (10)

VI.​ Yudesi Mirembe (6)

VII.​ A baby boy (7 months)

6.​ That the deceased is also survived by a dependent paternal uncle, Nikodemu
Musisi, aged 88 years, resident of Kiwumu, Masaka District.

7.​ That the family members of the deceased met and unanimously resolved
that your Petitioners should jointly manage the estate, which decision was
formally endorsed by the Administrator General's Certificate of No Objection
(Attached is the Administrator General's Certificate of No Objection Marked
“B”)

8.​ That the deceased died possessed of property within the jurisdiction of this
Honorable Court, which properties include but are not limited to the
following:

a.​ A residential house at Luzira, Kampala City.

b.​ A residential house at Nyenga, Masaka District.

c.​ Ten (10) acres of land at Kasana, Masaka District (Buddu Block 324 Plot 30).

d.​ A maize mill on one acre of land at Abayita’ababiri, Wakiso District.

e.​ Five shops at Luzira, Kampala City.

f.​ A modern commercial building in Masaka Town.

9.​ That the value of the assets likely to come to your Petitioners' hands is
estimated at UGX 2,500,000,000/= (Uganda Shillings Two Billion Five
Hundred Million Only).

10.​That your Petitioners undertake to faithfully administer the estate of the

deceased by paying his just debts and distributing the residue of the estate
according to the law, and further to render a true and just inventory and
account of their administration whenever required by this Honorable Court.

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WHEREFORE your Petitioners pray that this Honorable Court be pleased to grant
them Letters of Administration to the estate of the late Luka Nsimbi

DATED at Kampala this 15th day of April, 2026.

………………………. …………………..

JANE NNUNGI STICA NDIFUNA

Petitioner Petitioner

VERIFICATION

I, JANE NNUNGI, the petitioner in the above petition, declare that what is stated in it
is true to the best of my information and belief.

……………..

JANE NNUNGI

PETITIONER

I, STICA NDIFUNA, the petitioner in the above petition, declare that what is stated
in it is true to the best of my information and belief.

…………………….

STICA NDIFUNA

PETITIONER

BEFORE ME:

........................................................

COMMISSIONER FOR OATHS

Drawn and filed by

Elite & Co. Advocates

P.O Box 101 Kampala Uganda.

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

PROBATE AND ADMINISTRATION CAUSE NO. _20_ OF 2026

IN THE MATTER OF THE ESTATE OF THE LATE LUKA NSIMBI FORMERLY OF

LUZIRA KAMPALA

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY

JANE NNUNGI AND STICA NDIFUNA WIDOWS OF THE LATE LUKA NSIMBI
FORMERLY OF LUZIRA KAMPALA

NOTICE OF APPLICATION

TO WHOM IT MAY CONCERN

TAKE NOTICE that an application for letters of administration of the estate of the
late Luka Nsimbi, formerly of Luzira, Kampala has been lodged in this Court by Jane
Nnungi and Stica Ndifuna, the surviving spouses of the deceased.

This Court will proceed to grant the same if no caveat is lodged within fourteen (14)
days from the date of publication of this notice.

DATED at Kampala this 15th day of April 2026.

........................................................

REGISTRAR

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

PROBATE AND ADMINISTRATION CAUSE NO. ......... OF 2026

IN THE MATTER OF THE ESTATE OF THE LATE LUKA NSIMBI FORMERLY OF

LUZIRA KAMPALA

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY

JANE NNUNGI AND STICA NDIFUNA WIDOWS OF THE LATE LUKA NSIMBI
FORMERLY OF LUZIRA KAMPALA

DECLARATION

I, JANE NNUNGI, WIDOW of LUKA NSIMBI (DECEASED) do solemnly declare that

LUKA NSIMBI died intestate on the 7th day of August 2025 and that I shall
faithfully administer the estate in accordance with the law and I shall exhibit a true
and perfect inventory of all and singular effects of the estate of the deceased and
render a true account thereof whenever required by law to do so.

Dated at Kampala this 15th day of April 2026.

......................................

DECLARANT

BEFORE ME

…………………………

COMMISSIONER FOR OATHS

Drawn and filed by

Elite & Co. Advocates

P.O Box 101 Kampala Uganda.

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

PROBATE AND ADMINISTRATION CAUSE NO. ......... OF 2026

IN THE MATTER OF THE ESTATE OF THE LATE LUKA NSIMBI FORMERLY OF

LUZIRA KAMPALA

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY

JANE NNUNGI AND STICA NDIFUNA WIDOWS OF THE LATE LUKA NSIMBI
FORMERLY OF LUZIRA KAMPALA

ADMINISTRATION BOND

KNOW ALL MEN by these presents that, JANE NNUNGI, WIDOW OF LUKA NSIMBI
(DECEASED) DO HEREBY bind MYSELF unto The High Court of Uganda at
Kampala in the sum of Shs. 20,000,000 (Uganda Shillings Twenty Million) to be
paid to the said High Court for the time being for payment of which I bind MYSELF
firmly by these presents.

Signed and dated at Kampala this 15th day of April 2026.

……………………………..

JANE NNUNGI

PETITIONER

I, JANE NNUNGI, the intended Administrator of all and singular the personal effects
of the LATE LUKA NSIMBI (deceased), will do when lawfully called upon in that
behalf to make a true and perfect inventory thereof, and do well and truly
administer the same according to law, and do make a just and true account of the
said administration whenever required by law to so do, and to deliver and pay unto
such person or persons as shall be entitled thereto by law.

SIGNED and DATED at Kampala this 15th day of April 2026.

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By the said Petitioner:

…………………………

JANE NNUNGI

In the presence of:

…………………….…….

REGISTRAR/ DEPUTY REGISTRAR

Drawn and filed by

Elite & Co. Advocates

P.O Box 101 Kampala Uganda.

Issue Five: What are the steps, procedure, and practice for obtaining letters of
administration in the circumstances?

(Refer to the document shared)

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PART B

BRIEF FACTS

The late Luka Nsimbi formerly of Luzira Kampala died intestate. His estate is worth
(45) million Uganda Shillings. The person entitled to administer the estate needs
advice.

ISSUES

1.​ What steps should be taken to ensure that the estate of the late Luka Nsimbi
is administered lawfully?

2.​ What is the forum, procedure, and documents necessary to ensure that the
estate of the late Luka Nsimbi is administered lawfully?

LAW APPLICABLE

1.​ The Administration of Estates (Small Estates) (Special Provisions) Act, Cap
263.
2.​ The Administration of Estate (Small Estates) (Special Provisions) Rules, S.I
156-1
3.​ The Succession Act, Cap 268
4.​ The Magistrates Courts Act, Cap. 16
5.​ The Administrator General’s Act, Cap. 264
6.​ The Magistrates Courts (Magisterial Areas and Magistrates Courts)
Instrument, SI No. 11 of 2024
7.​ Case Law

RESOLUTION OF ISSUES

Issue One: What steps should be taken to ensure that the estate of the late Luka
Nsimbi is administered lawfully?

An estate that is below UGX 50m is regarded as a small estate. Per Section 2 and 3
of The Administration of Estates (Small Estates) (Special Provisions) Act, Cap 263.

Jurisdiction to grant letters of administration now rests in a magistrate’s court. Per

Section 3(1) of the Act. Where the value of the estate does not exceed one
thousand currency points, jurisdiction is exercised by a Magistrate Grade I. However,
where it does not exceed two thousand five hundred currency points, jurisdiction is
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exercised by a Chief Magistrate. A currency point is equal to UGX 20,000 as per
Section 2 and the Schedule to the Act. This means a chief magistrate has
jurisdiction over estates not exceeding UGX 50m.

From the facts, the Estate of the Late Luka Nsimbi is worth UGX 45m. This means it
is a small estate, and jurisdiction to grant the letters of administration is with a chief
magistrate court.

Steps:

1.​ Gather all necessary documents such as death certificates, National IDs,
copies of certificates of title, marriage certificates, etc.

2.​ Report the Death to the Administrator General and conduct a family meeting
to elect a person to apply for letters of administration. As Per Section 2 and 5
of the Administrator General’s Act. The Minutes of a family meeting must
confirm the intending applicant as the preferred administrator.

3.​ Obtain a Certificate of No Objection. The petitioners must apply to the

Administrator General for a Certificate of No Objection. This is a mandatory
prerequisite under Section 2 of the Administrator General’s Act for any
person other than the Administrator General to apply for Letters of
Administration.

4.​ File the Petition in the Chief Magistrate's Court

5.​ Publish the Notice of Petition usually on the Court Notice Board and in a
newspaper of wide circulation for 14 days. This allows any person with an
objection to come forward.

6.​ Appear for identification of the beneficiaries before the Chief Magistrate

7.​ Extraction of the Grant. If no caveat is lodged after the expiry of the 14 days,
the Chief Magistrate will grant the Letters of Administration.

8.​ Inventory and Administration. Upon obtaining the Grant, the administrator
has the legal authority to:

Transfer properties into their names as administrators.

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 Pay off any debts of the deceased.

Distribute the assets according to the Succession Act.

File an Inventory in court within 6 months and an Account within 12 months.

Issue Two: What is the forum, procedure, and documents necessary to ensure
that the estate of the late Luka Nsimbi is administered lawfully?

Forum

The Chief Magistrate's Court: Under Section 3(1) of Cap 263, a Chief Magistrate has
jurisdiction over estates whose value does not exceed 50 million UGX (2,500
currency points).

Geographical Jurisdiction: The application should be filed in the Chief Magistrate's

Court within the magisterial area where the deceased had his last fixed place of
abode which is the Chief Magistrate’s Court of Nakawa or Masaka.

Procedure - By way of an application to the Chief Magistrates Court. per Section 5

of Cap 263, and Rule 3 of The Administration of Estate (Small Estates) (Special
Provisions) Rules, S.I 156-1

Documents:

Application for Letters of Administration (Form 1B): This is the primary petition. As
per Section 5 of Cap 263, and Rule 3 of The Administration of Estate (Small
Estates) (Special Provisions) Rules, S.I 156-1

Declaration as per Rule 23 and form 6 of the Rules.

Notice of Application As per Rule 5 and form 2 of the Small Estates Rules

Administration Bond Rule 28 and Form 7 of the Rules.

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PART C

BRIEF FACTS

The deceased, Steven Odaka, died intestate leaving a widow, Celine Luzze Odaka,
and two adopted minor children. He also supported several dependent relatives,
including his mother, sister, and her two children. Celine obtained Letters of
Administration from the High Court at Arua 13th day of December, 2024, but she
has not yet filed the mandatory inventory. This failure has stalled the transfer of
land at Ssonde to a purchaser, Javas Kintu, as the Registrar of Titles requires a
certified copy of the inventory to process the transaction.

She has encountered several challenges in realizing the estate's assets, including a
pending lawsuit in Mukono HCCS No. 056/2025 over land in Kayunga, unverified
bank accounts in London, Nairobi, and Mombasa, and the search for unlocated land
in Luweero. Despite these challenges, the beneficiaries and dependent relatives are
satisfied with Celine's management and have raised no complaints against her.

ISSUES

1.​ Whether Celine Luzze Odaka can apply for leave of court to file an inventory
out of time?
2.​ What is the forum, procedure, and the necessary documents required to
obtain the sought remedy?

LAW APPLICABLE

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

2.​ The Succession Act, Cap 268
3.​ The Registration of Titles Act, Cap 240
4.​ The Civil Procedure Act, Cap 282
5.​ The Civil Procedure Rules, SI 71-1 (As amended by SI No. 33/2019)
6.​ Relevant Case Law

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RESOLUTION OF ISSUES

Issue 1: Whether Celine Luzze Odaka can apply for leave of court to file an
inventory out of time?

An administrator is legally required to exhibit a full and true inventory of the

estate's property, credits, and debts within six months from the date of the grant.
Per Section 273 (1) of the Succession Act

In Abubaker Sebalamu Ganya Vs Yasmin Nalwoga SCCA 14 of 2017 The supreme

held that the filing of an inventory is a time sensitive obligation on the
administrators of the estate of a deceased. The court also guided that an inventory
file should contain a full and true estimate of all the property of the deceased’s
estate and how it was distributed and any.

The Court has power to Extend Time within which to file an inventory. Per Section
273 (1) of the Succession Act, Re: Estate of Baija Jennifer: An Application By
Baija Kenneth & Others, HCMA 71/2024

From the facts, Celine obtained letters of administration on the 13th December,
2024. She has not yet filed an inventory yet it is past 16 months after the grant. She
is out of time to file an inventory, and she should apply to court for an extension of
time within which to file an inventory.

Issue 2: What is the forum, procedure, and the necessary documents required to
obtain the sought remedy?

Forum

Sec 273 (1) Cap 268 – the court which granted the probate or letters;

Thus HIGH COURT OF UGANDA AT ARUA

Procedure

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 An application for leave to file inventory out of time; brought under Sec 273
Succession Act Cap 268, Sec 37 Judicature Act Cap 16, Sec 98 Civil
Procedure Act Cap 282, Order 52R1&3 Civil Procedure Rules SI 71-1.

Brought by Motion on Notice supported by an affidavit per O.52 R 1 & 3

Since there is no prescribed procedure in the Act.

Documents

1.​ NOM
2.​ Affidavit in Support
3.​ Summary of Evidence
4.​ Copy of letters of Administration

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT ARUA

MISCELLANEOUS APPLICATION NO 20 OF 2026

(Arising from Probate and Administration Cause No. 094 Of 2024)

IN THE MATTER OF THE ESTATE OF THE LATE STEVEN ODAKA (DECEASED)

AND

IN THE MATTER OF AN APPLICATION FOR EXTENSION OF TIME TO FILE AN

INVENTORY BY CELINE LUZZE ODAKA ADMINISTRATRIX

NOTICE OF MOTION

(Under Section 273(1) of the Succession Act Cap. 268, Section 37 of the Judicature
Act Cap. 16, and Order 52 r 1 & 3 of the Civil Procedure Rules S.I 71-1)

TAKE NOTICE that this Honourable Court shall be moved on the …… day of ……
2026 at ……… O’clock in the forenoon/afternoon or soon thereafter as Counsel for the
Applicant can be heard for ORDERS that:

1.​ Time within which the Applicant may file/exhibit the inventory of the estate
of the late STEVEN ODAKA be extended for a period of six (6) months.
2.​ Costs of this application be provided for/borne by the estate.

TAKE FURTHER NOTICE that the grounds of this application are set forth in the
Affidavit of CELINE LUZZE ODAKA attached hereto, but briefly they are:

1.​ That the Applicant was granted Letters of Administration to the estate of the
late Steven Odaka on the 13th day of December 2024 by this Honourable
Court.
2.​ That the Applicant was required to file an inventory within six months, a
period which has since lapsed.
3.​ That the Applicant has been unable to file a full and true inventory because a
significant portion of the estate’s land at Bbaale, Kayunga is subject to a
pending Mukono High Court Civil Suit No. 056/2025 against one Simon
Muyiiya.

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 4.​ That as a result of the said dispute, the Applicant has been unable to open
boundaries or ascertain the exact size and value of the land to be included in
the inventory.
5.​ That the Applicant is still in the process of tracing the particulars of the
deceased's foreign bank accounts in London, Nairobi, and Mombasa, and
locating land at Kangave, Luweero.
6.​ That the beneficiaries of the estate have no complaint regarding the
administration thus far.

DATED at Arua this ……15th …… day of ………April…………… 2026.

.......................ayebbb...............................

COUNSEL FOR THE APPLICANT

GIVEN under my hand and the Seal of this Honourable Court this ……… day of
…………… 2026.

......................................................

REGISTRAR

Drawn & Filed By:

Elite & Co, Advocates

Kampala Uganda

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT ARUA

MISCELLANEOUS APPLICATION NO 20 OF 2026

(Arising from Probate and Administration Cause No. 094 Of 2024)

IN THE MATTER OF THE ESTATE OF THE LATE STEVEN ODAKA (DECEASED)

AND

IN THE MATTER OF AN APPLICATION FOR EXTENSION OF TIME TO FILE AN

INVENTORY BY CELINE LUZZE ODAKA ADMINISTRATRIX

AFFIDAVIT IN SUPPORT OF APPLICATION

I, CELINE LUZZE ODAKA, of C/O [Name of Law Firm], [Address], Arua, do hereby
make oath and state as follows:

1.​ That I am an adult female Ugandan of sound mind, the widow of the late
STEVEN ODAKA formerly of Onduparaka, Ayivu Division in Arua District and
the Applicant in this matter, and I swear this affidavit in that capacity.

2.​ That my late husband, Steven Odaka, died on the [Date of Death] and was at
the time of his death a resident of Onduparaka, Ayivu Division in Arua
District.

3.​ That on the 13th day of December 2024, this Honourable Court granted me
Letters of Administration to the estate of my late husband. (A copy of the
Grant is attached and marked “A”).

4.​ That I was required to exhibit a full and true inventory of the estate within six
(6) months from the date of the grant, which period has since expired

5.​ That I have not yet been able to file the said inventory due to the following
reasons which have made it practically impossible to ascertain the full extent
and value of the estate:

a.​ Land situated at Bbaale, Kayunga District East Buganda Block 22 Plot
10, is currently the subject of a legal dispute in Mukono High Court
Civil Suit No. 056/2025 against one Simon Muyiiya.

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 b.​ Because of the aforementioned suit, I have been unable to have the
boundaries of the land opened to determine its exact size and acreage.
The surveyor I engaged declined to step on the land until the court
dispute was resolved.

c.​ Untraced Assets: I recently discovered a contract for land at Kangave,

Luweero District, but I am still in the process of locating the physical
site and its particulars.

d.​ The deceased operated bank accounts in Barclays Bank in London,

Barclays Bank in Nairobi , and Stanbic Bank in Mombasa. I am still
establishing the specific account numbers and balances to ensure they
are accurately captured in the inventory.

6.​ That I am under pressure to regularize the status of the estate because the
Senior Registrar of Titles at the Wakiso Ministry Zonal Office has declined to
transfer land at Ssonde (Kyaddondo Block 186 Plot 144) to a purchaser,
Javas Kintu, without a certified copy of the inventory.

7.​ That the delay in filing the inventory is not intentional or due to negligence,
but rather due to the complexities of identifying and securing the estate’s
properties.

8.​ That the beneficiaries of the estate, including our two adopted children
(Silver Ocheng and Blessing Acheng) and my late husband’s relatives, are
aware of my efforts and have expressed no complaint regarding my
management of the estate.

9.​ That it is in the interest of justice that this Honourable Court grants me an
extension of six (6) months to file a comprehensive and accurate inventory.

10.​That whatever I have stated herein is true and correct to the best of my
knowledge and information.

SWORN at Kampala by the said CELINE LUZZE ODAKA this 15th day of ……April…
2026.

,.....celineeee..

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 DEPONENT

BEFORE ME:

…..amonnnahurra……

COMMISSIONER FOR OATHS

Drawn & Filed By:

Elite & Co, Advocates

Kampala Uganda

Summary of Evidence

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PART D

BRIEF FACTS

Musa Musana died intestate in January 2026, survived by a widow, Dr. Stella
Kwebaza, and five children: Mina Musana, Sara Musana, Matilda Musana, Peace
Musana, and Simon Sitenda. He was also survived by his mother. The estate
comprises substantial assets, including residential property in Lungujja worth UGX
1 Billion, a square mile of land in Bugerere, 17 acres in Kayabwe, and property in
Bbunga.

Following the death, Dr. Stella Kwebaza registered the Bbunga property (originally
held in joint names with the deceased) into her sole name without the knowledge
or consent of the other children. Subsequently, she petitioned the High Court for
Letters of Administration vide Cause No. 044 of 2026, and Notice of the Petition
was published on 08th April, 2026. However, her petition contains significant
omissions: it fails to list the deceased's daughter, Sara Musana, and the deceased's
mother as survivors, and it excludes the Bbunga property from the inventory of
estate assets. Mina Musana and her sisters, fear the estate will be wasted and need
advice,

ISSUES

1.​ Whether Mina Musana can lodge a caveat against the grant of letters of
administration for the estate of Musa Muana (deceased) to Dr. Stella
Kwebaza, widow of the deceased?
2.​ What is the forum, procedure, and documents necessary to obtain the
remedy above?
3.​ Whether Dr. Stella Kwebaza can file a suit for removal of the caveat lodged
by Mina Musana against the grant of letters of administration for the estate
of Musa Muana (deceased)?
4.​ What is the forum, procedure and documents to obtain the remedy in the
circumstances?

LAW APPLICABLE

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

2.​ The Succession Act, Cap 268
3.​ The Judicature Act, Cap 16
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 4.​ The Civil Procedure Act, Cap 282
5.​ The Civil Procedure Rules, SI No. 71-1
6.​ Relevant case law

RESOLUTION OF ISSUES

Issue one: Whether Mina Musana can lodge a caveat against the grant of letters
of administration for the estate of Musa Muana (deceased) to Dr. Stella
Kwebaza, widow of the deceased?

A person intending to object to the grant of probate or letters of administration may

lodge a caveat with the court per section 249 Succession Act, Cap 268.

In Re Phillips' Estate, 293 Pa. 351, 143 A.9 a caveat was defined as a formal
notice or warning given by a party interested to a court, judge, or ministerial officer
against the performance of certain acts within his power and jurisdiction.

The effect of lodging a caveat is that proceedings will be suspended until the caveat
is withdrawn, lapses, or a suit in relation to the caveat is determined. per section
251(2) Succession Act, Cap 268.

From the facts, following the death of Musa, Dr. Stella Kwebaza registered the
Bbunga property (originally held in joint names with the deceased) into her sole
name without the knowledge or consent of the other children. Subsequently, she
petitioned the High Court for Letters of Administration vide Cause No. 044 of 2026,
and Notice of the Petition was published on 08th April, 2026. However, her petition
contains significant omissions: it fails to list the deceased's daughter, Sara Musana,
and the deceased's mother as survivors, and it excludes the Bbunga property. Mina
Musana and the sisters are worried that the estate will be wasted. Therefore, Mina
Musana should lodge a caveat to stop the grant of LOA.

Issue Two: What is the forum, procedure, and documents necessary to obtain the
remedy above?

Forum

In The High Court of Uganda at Kampala (Family Division)

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The forum is the court within which the application for grant of probate/letters of
administration was filed.

Procedural Steps

1.​ Lodge a Caveat in the form provided in Section 250 Succession Act
2.​ Serve the caveat to Dr, Stella Kwebaza in 14 days after filing it - Section
251(1) Succession Act.
3.​ Court proceedings in Administration Cause No. 044 of 2026 will be
suspended.
4.​ File a suit within 6 months to prove the objections - Section 252(2)
Succession Act.

Documents

1.​ Caveat (in Sec 250 Succession Act)

2.​ Affidavit

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

PROBATE AND ADMINISTRATION CAUSE No. 044 OF 2026

IN THE MATTER OF THE ESTATE OF MUSA MUSANA (DECEASED)

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY

STELLA KWEBAZA WIDOW OF MUSA MUSANA (DECEASED)

CAVEAT

(Under Sections 249, 250 and 251 of the Succession Act Cap 268)

LET NOTHING BE DONE in the matter of the Estate of the late MUSA MUSANA,
formerly of Lungujja, Balangira Zone, Kampala City, who died on the 1st day of
January 2026, without notice to MINA MUSANA of C/O M/S Zziwa & Co.
Advocates, Plot 10 Kagugube Road, Makerere, Kampala.

DATED at Kampala this 15th day of April 2026.

..............mina..biiraa.................

MINA MUSANA

CAVEATOR

Lodged by:

M/s Zziwa & Co. Advocates

Plot 10 Kagugube Road,

Makerere Kampala.

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

PROBATE AND ADMINISTRATION CAUSE No. 044 OF 2026

IN THE MATTER OF THE ESTATE OF MUSA MUSANA (DECEASED)

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY

STELLA KWEBAZA WIDOW OF MUSA MUSANA (DECEASED)

AFFIDAVIT IN SUPPORT OF CAVEAT

I, MINA MUSANA, of C/O M/S Zziwa & Co. Advocates, Plot 10 Kagugube Road,
Makerere, do hereby make oath and state as follows:

1.​ That I am an adult female Ugandan of sound mind, a biological daughter of

the late Musa Musana, and the Caveator herein.

2.​ That my father, Musa Musana, died intestate on the 1st day of January 2026.

3.​ That I have seen a notice of application published on 8th April, 2026 that
Stella Kwebaza has applied to this Honourable Court for a grant of Letters of
Administration to the estate of the late Musa Musana vide Administration
Cause No. 044 of 2026.

4.​ That I have read and understood the contents of the Petition and I find the
same to be riddled with material non-disclosures and fraudulent
misrepresentations as follows:

a.​ In paragraph 4 of the Petition, the Petitioner intentionally omitted Sara

Musana, who is a biological daughter and lawful beneficiary of the
deceased. She further omitted the deceased’s surviving mother, who is
a dependent relative under the law.

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 b.​ In paragraph 5 of the Petition, the Petitioner failed to disclose land
situated at Bbunga registered as Kyaddondo Block 205 Plot 999,
which property belongs to the estate.

5.​ That I have verified and found that in February 2026, shortly after the
deceased's passing and without any grant from this Court, the Petitioner
fraudulently registered the said Bbunga land into her sole names. (Attached
is a search certificate marked “A”)

6.​ That the act of the Petitioner in transferring estate property into her personal
names constitutes intermeddling in the estate of the deceased, which
renders her unfit to hold the office of an administrator.

7.​ That I reasonably fear that if the grant is made to the Petitioner alone, she
will waste the estate to the detriment of the lawful beneficiaries.

8.​ That it is in the interest of justice that a caveat be maintained and that the
Petitioner be put to strict proof of her suitability to administer the estate.

9.​ That I swear this affidavit in support of the Caveat lodged herewith.

10.​That whatever I have stated herein is true and correct to the best of my
knowledge and belief.

SWORN at Kampala by the said MINA MUSANA this 15th day of April 2026.

minnamusana

DEPONENT

BEFORE ME:

katekainn shyhla

COMMISSIONER FOR OATHS

Drawn & Filed By:

M/s Zziwa & Co. Advocates

Plot 10 Kagugube Road, Makerere Kampala.

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Issue Three: Whether Dr. Stella Kwebaza can file a suit for removal of the caveat
lodged by Mina Musana against the grant of letters of administration for the
estate of Musa Muana (deceased)?

A petitioner for letters of administration in respect of which a caveat has been

lodged must bring a suit within six months from the date the caveat was lodged.
Per Section 252(1) of the Succession Act.

In such a case, Upon lodgement of a caveat forbidding the grant of letters of

administration requires that the proceedings thereafter should take, as nearly as
may be, the form of a regular suit according to the provisions of the law relating to
civil procedure, in which the petitioner for letters of administration, is the plaintiff,
and the person who may have appeared to oppose the grant is the defendant This
was the position in Hellen Okello v Akello Jennifer Ocan HCCA N0. 84/2019.

Where the petitioner does not file such a suit, the petition shall lapse. Section
252(3).

The caveator must also commence proceedings within six months from the date the
caveat was lodged to prove his/her grounds of objection, failure of which, the caveat
lapses and he/she is barred from lodging another caveat in respect of the same
estate. Per Section 252(2),(3) & (4) of the Succession Act.

From the facts, Mina Musana, lodged a caveat upon Dr. Stella’s petition for Letters
of Administration in respect of the estate of Musa Musana (deceased). Dr. Stella
wishes to obtain Letters of Administration so that she can recover money due to the
estate of her deceased husband. Mina Musana has not taken any step in the matter
since she lodged the caveat five months ago. Therefore, Dr. Stella should file a suit
for removal of the caveat.

Issue Four: What is the forum, procedure and documents to obtain the remedy in
the circumstances?

Forum

●​ In The High Court of Uganda at Kampala (Family Division)

●​ The forum is the court within which the application for grant of
probate/letters of administration was filed.

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Procedure

●​ Suit commencing proceedings by Ordinary Plaint - Order 4 R1&3 Civil

Procedure Rules, Section 249, 250, 251, and 252 Succession Act, Cap 268,
Section 37 Judicature Act Cap 16, Section 98 Civil Procedure Act Cap 282.

Documents

1.​ Plaint Order 4 R1&3, O.6 and 7 of the Civil Procedure Rules
2.​ Summary of evidence
3.​ Summons to file a defence

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

CIVIL SUIT No. .......... OF 2026

(Arising from Administration Cause No. 044 of 2026)

DR. STELLA KWEBAZA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF

VERSUS

MINA MUSANA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT

PLAINT

(Brought under Section 249, 250, 251, and 252 Succession Act, Cap 268,
Section 37 Judicature Act Cap 16, Section 98 Civil Procedure Act Cap 282,
and Orders 6, 7 and 4 Rules 1&3 of the Civil Procedure Rules)

1.​ The Plaintiff is an adult female Ugandan of sound mind, the widow of the
late MUSA MUSANA, and her address for purposes of this suit shall be C/O
M/S Baina & Co. Advocates, Baina Towers, Plot 15 Kampala-Jinja Road.

2.​ The Defendant is an adult female Ugandan, a daughter of the late Musa
Musana, being sued in her capacity as a Caveator. The Plaintiff’s Advocates
undertake to effect service of court process upon the Defendant at C/O M/s
Zziwa & Co. Advocates, Plot 10 Kagugube Road, Makerere.

3.​ The Plaintiff’s claim against the Defendant is for an order for the
removal/vacation of a Caveat lodged by the Defendant on the 14th day of
April 2026 under Administration Cause No. 044 of 2026, a permanent
injunction, and costs of the suit.

4.​ The facts constituting the cause of action arose as follows:

a)​ The Plaintiff is the lawful widow of the late MUSA MUSANA, who
died intestate on the 1st day of January 2026.

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 b)​ On the 8th day of April 2026, the Plaintiff petitioned this Honourable
Court for a grant of Letters of Administration to the estate of her late
husband and a notice of application was published. (Attached is the
copy of the Petition and Notice of application collectively Marked “A”)

c)​ On the 14th day of April 2026, the Defendant lodged a caveat against
the said petition, effectively staying the grant of Letters of
Administration. (Attached is a copy of the Caveat marked “B”)

d)​ Since lodging the said caveat five months ago, the Defendant has
failed, refused, and/or neglected to take any further steps to make the
matter contentious or to prosecute her objection.

e)​ The Plaintiff avers that the caveat was lodged with the sole intention
of frustrating the administration of the estate.

5.​ The Plaintiff further avers that the continued presence of the caveat has
caused and continues to cause irreparable loss to the estate in so far as:

a)​ The Plaintiff is unable to recover substantial sums of money due to the
estate from various debtors and financial institutions. (Attached are
receipts due for collection from debtors collectively marked “C”)

b)​ The estate assets are at risk of wasting due to a lack of legal
representation and management.

6.​ The Plaintiff shall contend that the Defendant has no valid grounds for
maintaining the caveat and the same ought to be removed to allow for the
proper administration of the estate.

7.​ The cause of action arose at Kampala, within the jurisdiction of this
Honourable Court.

WHEREFORE the Plaintiff prays for judgment against the Defendant for:

a.​ An order for the removal/vacation of the Caveat lodged by the Defendant
under Administration Cause No. 044 of 2026.
b.​ An order granting Letters of Administration of the estate of the late Musa
Musana to the Plaintiff.

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 c.​ A permanent injunction restraining the Defendant from further interfering
with the administration of the estate.
d.​ Costs of the suit.
e.​ Any other relief that this Honourable Court may deem fit.

DATED at Kampala this ....15th .... day of ..........April.......... 2026.

.........RugasiraFranc........

COUNSEL FOR THE PLAINTIFF

Lodged in the registry of the Honourable Court this…………. day of …………….2025

………………………………..

REGISTRAR

Drawn & Filed By:

M/S Baina & Co. Advocates

Baina Towers,

Plot 15 Kampala-Jinja Road

Kampala.

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

CIVIL SUIT No. .......... OF 2026

(Arising from Administration Cause No. 044 of 2026)

DR. STELLA KWEBAZA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF

VERSUS

MINA MUSANA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT

SUMMARY OF EVIDENCE

The Plaintiff shall adduce evidence to prove that the Defendant has no valid
grounds for maintaining the caveat, and the same ought to be removed to allow for
the proper management and protection of the estate.

LIST OF WITNESSES

1.​ The Plaintiff

2.​ Any other with Leave of Court

LIST OF DOCUMENTS

1.​ Notice of Application marked

2.​ Petition for letters of administration.
3.​ The Caveat lodged by the Defendant dated 15th April 2026.
4.​ Overdue receipts to be recovered for the estate.
5.​ Any other with Leave of Court

LIST OF AUTHORITIES

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

2.​ The Succession Act, Cap. 268.
3.​ The Judicature Act, Cap. 16.
4.​ The Civil Procedure Act, Cap. 282
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 5.​ The Civil Procedure Rules, SI No. 71-1
6.​ Any other with Leave of Court

Dated at Kampala this ....15th.... day of ..........April.......... 2026.

........RugasiraFranc........

COUNSEL FOR THE PLAINTIFF

Drafted & filed by:

M/S Baina & Co. Advocates,

Baina Towers,

Plot 15 Kampala-Jinja Road,

Kampala.

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

CIVIL SUIT No. .......... OF 2026

(Arising from Administration Cause No. 044 of 2026)

DR. STELLA KWEBAZA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF

VERSUS

MINA MUSANA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT

SUMMONS TO FILE A DEFENCE

TO: MINA MUSANA

C/O M/s Zziwa & Co. Advocates,

Plot 10 Kagugube Road, Makerere,

Kampala.

WHEREAS the above-named plaintiff has instituted a suit against you on the claim,
the particulars of which are set out in the copy of the plaint attached hereto.

YOU are hereby required to file a Written Statement of Defence within 15 days from
the date of service of summons on you in the manner prescribed by the Rules.

SHOULD YOU FAIL TO FILE a Written Statement of Defence in the suit on or

before the date, the plaintiff may proceed with the suit in your absence.

GIVEN under my hand and seal of this honorable court this …… day of ……. 2026.

……………………………….

DEPUTY REGISTRAR

Extracted by:

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M/S Baina & Co. Advocates,

Baina Towers,

Plot 15 Kampala-Jinja Road,

Kampala.

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PART E

BRIEF FACTS

The late Dr. Celine Wanjui, a Kenyan national, was the registered proprietor of a
leasehold interest in land located in Kayunga District, Uganda. The property is
improved with a cocoa plantation, processing machinery, and residential houses,
with a remaining lease term of 40 years. Following her demise, the High Court of
Kenya granted Probate to her daughter, Cynthia Wairimu, under Probate and
Administration Cause No. 011 of 2026. Cynthia Wairimu, citing personal and
professional constraints, now intends to dispose of the Ugandan assets by sale. She
seeks legal guidance on the lawful procedure to realize and transfer this property in
Uganda using her Kenyan grant.

ISSUES

1.​ Whether Cynthia Wairimu can reseal Probate issued by the High Court of
Kenya in respect of the estate of Dr. Celine Wanjui (deceased)?

2.​ What is the forum, procedure, and documents necessary to reseal probate in
the circumstances?

LAW APPLICABLE

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

2.​ Succession Act, Cap 268.
3.​ Probates (Resealing) Act, Cap. 266.
4.​ Probates (Resealing) Rules, SI 160-1
5.​ Case Law

RESOLUTION OF ISSUES

Issue One: Whether Cynthia Wairimu can reseal Probate issued by the High
Court of Kenya in respect of the estate of Dr. Celine Wanjui (deceased)?

To enable Cynthia Wairimu to lawfully sell the leasehold land in Kayunga, she
must first reseal the Kenyan Grant in the High Court of Uganda and then apply to
be registered as the proprietor of the lease as an executrix/administratrix of the
estate of the late Dr. Celine Wanjui, on the certificate of title.

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A probate or letters of administration obtained in another country may be produced
and deposited in the High Court and sealed with the seal of court to give it
force/effect as though it was obtained in Uganda. Per Sec 2 Probates (Resealing)
Act, Cap. 266.

Probate or letters of administration include any instrument having in any country

the same effect given to probate or letters of administration under the laws of
Uganda. Per Sec 1 Probates (Resealing) Act, Cap. 266.

For the grant to be resealed, it must have been made in a Partner State of the East
African Community, or in any other country where the law under which the grant
was made does not contradict the succession laws of Uganda, and allows
enforcement in that country of grants made in Uganda. Per Sec 3 Probates
(Resealing) Act, Cap. 266

The person who was granted probate or LOA or their advocate can apply for
resealing. Per Rule 2 of the Probates (Resealing) Rules, SI 160-1

From the Facts, the High Court of Kenya granted probate to Cynthia Wairimu in
regard to the estate of the late Dr. Celine Wanjui vide Probate and Administration
Cause No. 011 of 2026. She would like to sell land in Uganda where the deceased
was a registered proprietor of a leasehold interest located in Kayunga District since
she cannot maintain it. Therefore, she should apply to reseal the probate in order for
it to have legal effect in Uganda.

Issue Two: What is the forum, procedure, and documents necessary to reseal
probate in the circumstances?

Forum:

●​ Chief Registrar of High Court at Kampala (Family Division)

●​ Rule 3 Probates (Resealing) Rules, SI 160-1

Procedure

●​ Ordinary letter addressed to the Chief Registrar of High Court

requesting for probate resealing.

Documents
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 1.​ Ordinary letter addressed to the Chief Registrar of High Court
2.​ Statutory Declaration
3.​ Grant to be resealed +Copy of any will relating to the grant or Copy of
grant certified by the issuing court.
4.​ Copy of grant and will
5.​ Proof of payment of probate duty
6.​ Administration bond
7.​ Powers of Attorney (if agent)
8.​ Gazette or Newspaper advert extract

Per Rule 3 & 4 Probates (Resealing) Rules, SI 160-1

Fees

●​ Gazette/Newspaper advert – 350,000

●​ Any other fees for resealing as per Rule 5 Probates (Resealing) Rules,
SI 160-1

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Application For Probate Resealing

Elite & Co. Advocates,

Plot 10, Buganda Road
P.O. Box 100
Kampala, Uganda

14th April 2026

The Chief Registrar

High Court of Uganda (Family Division)
The Square,
P.O. Box 7085 Kampala

Your Worship,

RE: APPLICATION FOR PROBATE RESEALING – ESTATE OF THE LATE DR.

CELINE WANJUI (PROBATE CAUSE NO. 011 OF 2026, HIGH COURT OF KENYA)

We represent Ms. Cynthia Wairimu, the daughter and grantee of Probate for the
estate of the late Dr. Celine Wanjui, granted by the High Court of Kenya on vide
Probate and Administration Cause No. 011 of 2026.

The deceased was the registered proprietor of a leasehold interest in land situated
in Kayunga District, which includes a cocoa plantation and processing machinery.
Our client desires to realize these assets.

This serves to request your office to reseal the said Probate to give it legal effect.

Attached are the certified copies of the Grant and the requisite supporting
documents.

Yours faithfully,

……..akorakathy……..

COUNSEL FOR THE APPLICANT

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

PROBATE AND ADMINISTRATION CAUSE NO. ......... OF 2026

IN THE MATTER OF THE PROBATES (RESEALING) ACT, CAP 266

AND

IN THE MATTER OF THE ESTATE OF THE LATE DR. CELINE WANJUI

(DECEASED)

AND

IN THE MATTER OF AN APPLICATION FOR PROBATE RESEALING BY CYNTHIA

WAIRIMU

PROBATE RESEALING OATH

I, Cynthia Wairimu, C/O M/s Elite & Co. Advocates, P.O. Box 100, Kampala, do
hereby make oath and state as follows:

1.​ That the grant of Probate of the will of the late Dr. Celine Wanjui, who died
on the 01st January] 2026, was granted to me by the High Court of Kenya at
Nairobi in Probate and Administration Cause No. 011 of 2026 on the 02nd
day of April, 2026.
2.​ That the deceased was at the time of her death domiciled in the Republic of
Kenya.
3.​ That the notice annexed to this oath was inserted in the Gazette on the 13th
day of April 2026.
4.​ That the value of the estate in Uganda, comprising a leasehold interest in
Kayunga, machinery, and houses for the cocoa plant, is approximately UGX
300m, to the best of my knowledge and belief.

SWORN at Kampala this 15th day of April 2026.

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 ……hdjkkg……

Cynthia Wairimu

DEPONENT

BEFORE ME:

xcvbbbbbb…

A COMMISSIONER FOR OATHS

Drawn and filed by:

Elite and Co. Advocates

Kampala Uganda

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

PROBATE AND ADMINISTRATION CAUSE NO. ......... OF 2026

IN THE MATTER OF THE PROBATES (RESEALING) ACT, CAP 266

AND

IN THE MATTER OF THE ESTATE OF THE LATE DR. CELINE WANJUI

(DECEASED)

AND

IN THE MATTER OF AN APPLICATION FOR PROBATE RESEALING BY CYNTHIA

WAIRIMU

ADMINISTRATION BOND

KNOW ALL MEN by these presents that I, Cynthia Wairimu, bind myself unto the
Registrar of the High Court of Uganda in the sum of UGX 100m to be paid to the
said Registrar, for which payment I bind myself, my heirs, and executors.

SIGNED and DATED this 15th day of April 2026.

THE CONDITION of this obligation is such that if the above-bounden Cynthia

Wairimu, the administratrix acting under the Grant of Probate issued by the High
Court of Kenya and now to be sealed in Uganda, does make a true and perfect
inventory of the estate of the deceased in Uganda and exhibits the same whenever
required by law, then this obligation shall be void, otherwise to remain in full force.

cynvtiawa

CYNTHIA WAIRIMU

In the Presence of:

ghkjgkllg

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 COMMISSIONER FOR OATHS

The common seal of this Court was affixed to this bond in the presence of:

………………………………….

REGISTRAR

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 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(FAMILY DIVISION)

PROBATE AND ADMINISTRATION CAUSE NO. ......... OF 2026

IN THE MATTER OF THE PROBATES (RESEALING) ACT, CAP 266

AND

IN THE MATTER OF THE ESTATE OF THE LATE DR. CELINE WANJUI

(DECEASED)

AND

IN THE MATTER OF AN APPLICATION FOR PROBATE RESEALING BY CYNTHIA

WAIRIMU

ADVERTISEMENT

NOTICE IS HEREBY GIVEN that after the expiration of fourteen (14) days from the
date of publication of this notice, application will be made to the High Court of
Uganda (Family Division) for the RESEALING OF THE PROBATE of the will of the
late DR. CELINE WANJUI formerly of Nairobi, Kenya, granted by the High Court of
Kenya at Nairobi in Probate and Administration Cause No. 011 of 2026.

DATED at Kampala this 06th day of April 2026.

..ayebarejv…

COUNSEL FOR CYNTHIA WAIRIMU

END

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