In this case, the plaintiff sought for court order for the defendants to surrender to the court the letters of administration that had been granted to them by the High Court in respect the estate of the late Kizito Francis so that the same are revoked.
The plaintiff averred that he had already obtained letters of administration in respect of the same estate in the Magistrate Court, and that the first defendant was not a biological son of the deceased, and so he was not entitled to administer the estate. He further argued that the defendants fraudulently obtained letters of administration.
The issues that were raised for determination were, who of the plaintiff and defendants was entitled to administer the estate of the deceased, whether the first defendant was as beneficiary as a biological son of the deceased, whether the defendants obtained letters of administration fraudulently, and the remedies that were available.
From the evidence on record, it was found that the fist defendant was a biological son to the deceased, and that the deceased had accepted him as his son and member of the family before his death. Evidence was adduced that he had stayed on the family land and even buried his deceased son on that very land.