By Gano Mazima Editorial
High Court Judge Alice Komuhangi Kaukha has issued orders guiding the management of the estate of the late Daniel Nelson Nkuse Jakana of Jakana Company limited.
This matter was filed by Kaga Beatrice Nalongo (1st plaintiff), Williams Jakana Rosemary (2nd Plaintiff) against Daniel Lule Jakana (1st defendant), Jakana Limited (2nd defendant) , well as the second consolidated matter was filed by Edith Nagujja Jakana, Elizabeth Robinah Nakungu, Stephen Winfred Sepiriya Kagiri, Tilda Jakana( Executor of the estate of the late Samuel Nkuse Jakana, James Jakana and Steven Jakana.
That Daniel Lule Jakana provides an inventory for the estate of the late Daniel Nelson George Nkuse Jakana for which he is the Administrator, a declaration that failure by Lule distribute the estate of the late Daniel Nelson George Nkuse Jakana is in breach of trust and totally in violation of the duties of the Administrator
They sought a declaration that Daniel Lule fraudulently processed the Title for Block 273 Plot 2694 LRV 726 Folio 17 which was the estate Kibanja into the names of the Jakana Limited and that the land comprised in Block 273 Plot 2694 LRV 726 Folio 17, land at Upper Konge is part and parcel of the estate of the late Daniel Nelson George Nkuse Jakana.
In her ruling, Lady Justice Alice Kaukha, made a finding that the inventory which was filed almost 16 years after the grant of the Probate, without the leave of the Court was invalid.
” In addition, an inventory filed by one Executor for an estate which has more than two Executors, without the explanation for the omission of the other Executor (s) on the inventory itself, also makes the inventory invalid. The false assertion in the inventory that the suit land was repossessed by the Buganda Kingdom government also makes the inventory invalid.”
The trial judge also wondered why the Daniel had to include the suit property in the inventory when he deliberately left it out when he was petitioning for Probate.
Declarations ;
Court issued a declarations and orders that; Land comprised in Block 273 Plot 2694 LRV 726 Folio 17, at Upper Konge and currently registered in the name of Jakana Ltd (suit land) is one and the same land (kibanja) that was mentioned in Clause 18 of the Will of the late Daniel Nelson Nkuse Jakana and therefore, forms part of the estate of the late Daniel Nelson Nkuse Jakana.
“The Plaintiffs together with the 1st Defendant are the beneficiaries of the suit land to be managed as per the wishes of the deceased in his Will, the 1% Defendant fraudulently processed the lease and later the Certificate of Title for Block 273 Plot 2694 LRV 726 Folio 17 which was the estate Kibanja into the name of the 2nd Defendant, Jakana Ltd.”
That, failure by the 1st Defendant to distribute the suit land to the beneficiaries of the estate of the late Daniel Nelson George Nkuse Jakana in accordance to his Will was in breach of trust and in total violation of his duties as the Executor.
“The Commissioner Land Registration is hereby directed to vacate the caveat lodged on the Certificate of Title of the suit land by Beatrice Kagga Nnalongo Mwagale and cancel the Certificate of Title in the name of Jakana Limited with immediate effect; The suit land reverts to the estate of the late Daniel Nelson George Nkuse Jakana.”
Court further made it clear that, the Letters of Probate granted to Daniel Herbert Lule Jakana and Edith Naguja Jakana were obtained fraudulently and therefore invalid but they have since expired, and the same shall not be renewed.
