November 14, 2023
KAMPALA, Uganda | In a groundbreaking judgment by the Court of Appeal, beneficiaries of a deceased person’s estate have been granted the freedom to sell their interests in land without seeking consent from administrators holding letters of administration. The unanimous decision, articulated by Justice Catherine Bamugemereire, firmly establishes that administrators are mere custodians and not rightful owners.
The court expressed concern over administrators overstepping their mandate, emphasizing that the estate’s administrator holds the land in trust for the beneficiaries. Justice Bamugemereire, joined by Justices Muzamiru Kibeedi and Christopher Gahshirabake, highlighted that Section 180 of the Succession Act grants administrators the power to manage the estate but does not confer sole ownership.
This precedent-setting ruling emerged from an appeal filed by Dr. Diana Kanzira against Herbert Natukunda Rwanchwende and Robert Tukamuhabwa Rwanchwende. The case originated from a dispute over a land transaction in Kashari, where Natukunda contested his brother Tukamuhabwa’s sale of part of the land without his consent.
The High Court had initially ruled in favor of Natukunda, ordering Kanzira to vacate the land. However, the Court of Appeal overturned this decision, asserting that administrators should not act as private proprietors of the deceased’s estate.
Justice Bamugemereire criticized the high-handed methods employed in managing the late Eric Rwanchende’s estate, stating that the law envisions administrators acting on behalf of beneficiaries’ interests. The court emphasized that beneficiaries, aware of their rights, have the freedom to deal with the land as they wish.
While the law prohibits transactions on a deceased person’s property without letters of administration, the ruling clarified that administrators do not have the authority to infringe on the rights of estate beneficiaries.
Justice Kibeedi’s concurring decision emphasized that beneficiaries possess the legal capacity to dispose of their beneficial interest without seeking prior consent from the administrator. The judgment underscored the importance of defined and agreed-upon portions within a family when apportioning an estate.
