Family Law

Nalumansi v Kasande & 2 Ors (CIVIL APPEAL NO.010 OF 2015) [2017] UGSC 21 (10 July 2017);

Flynote: 

Search Summary: 

The appeal arose from a dispute as to who

should administer the estate of the deceased
who died intestate. The background is that the
appellant and the deceased were married in the
UK but when the deceased returned to Uganda,
he got married to the respondent. The appellant
returned to Uganda and they renewed their
marriage vows but she returned to the UK and
came back after the deceased had passed on.
There was an application for the letters of
administration which the high court gave to the
respondent on the ground that the respondent
was the legally married to the deceased and
that the appellant couldn’t administer the estate
of the deceased if she was not resident in
Uganda. This position was maintained in the
court of appeal hence this appeal on the
grounds of the legality of the marriage of the
appellant, the status of the deceased at death,
the entitlement to the letters of administration.

Headnote and Holding: 

The court held that as long as the marriage
between the appellant and the deceased was
recognized as a valid marriage in the UK
where it was celebrated, that marriage is
recognized as valid in Uganda. That the
deceased did not have the capacity to enter a
valid customary marriage with the first
respondent. That a general rule is that a spouse
who is prima facie separated from the other as
a member of the same household is not entitled
to any interest in the estate in case the other
spouse dies intestate.

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