Humanist

The matter in which I challenge, in Court, the purported will of my late father; which I believe forged, is still ongoing.

My payer is a declaration of Court that the purported will of my late father “is invalid on account of it being procured by fraud, and in the alternative but without prejudice to the immediately foregoing, on account of it not having been made by him while he was of sound mind.”

The prayer of my mother, the widow, now overtaken by events, was a declaration of Court that her property (land and buildings) at Mbale Municipality, gifted to her by her husband and leased in her name, is “not part of the Estate of the deceased and belongs to her in her individual capacity.”

The purported will falsely claims otherwise. A police investigation against my mum was instituted by the minority asserting the purported will is valid. They accused her of obtained her land title via forgery. A complaint was made against her to the Land Commission.

Her legal team, Okalang Law Chambers, represented her effectively. The Police case was closed. And the Land Commission confirmed her land title was obtained correctly and legally during the life time of her late husband.

Read “Investigations in Mrs. Owaraga Mbale land case closed and police bond cancelled” for more on why mum’s prayer to Court on her land is no longer necessary.

Back to my challenge of the will. I was left with no choice, but to go to Court, because the minority which insists that the purported will is valid, have never applied for Letters of Probate.

“In Uganda, Letters of Probate are a court-issued document that legally authorizes the executor named in a deceased person’s will to administer the deceased’s estate. It’s essentially a Grant of Probate, granting the executor the authority to manage and distribute the deceased’s assets according to the will.”

Instead, said minority asserting the will valid are illegally claiming to have executor powers over my late father’s estate and are intermeddling in the deceased’s estate.

“In Uganda, intermeddling with a deceased person’s estate is a legal offense. It refers to anyone who, without proper authority (like letters of administration or probate), takes control of or deals with the deceased’s property, incurring legal penalties. The penalties can include fines and imprisonment.”

In the alternative to Letters of Probate, when a person dies interstate, as in without leaving behind a valid will, the rightful beneficiaries apply to Court for Letters of Administration.

“Letters of Administration are court documents that give an individual, called the administrator, the legal authority to manage and distribute the assets of a deceased person who died without a valid will or whose will did not name an executor. This document is crucial because it allows the administrator to access and control the deceased’s property and accounts, which would otherwise be inaccessible without legal authority.”

Court issues Letters of Administration in cases where there isn’t a valid will or the valid will doesn’t name an executor. One of the curious things about the purport will of my father, in fact, the statement: “I appoint my children to be the executors of this will.”

The way it stands now, I am among the executors of the purported will, I am the deceased’s child, after all. I have double right to challenge it. It is exactly such vague statements in the purported will that raised red flags for the majority who knew deceased well.

So, in may case there is a will. It is of necessity that Court pronounces it valid or invalid. If pronounced valid, then Letters of Probate are applied for. If pronounced invalid, which, among others, is my plea to Court, then the process of obtaining Letters of Administration will be triggered.

It is important that I share how curious it is that the minority who assert the purported will valid, illegally attempted to apply for Letters of Administration. First via the Pallisa Chief Administrative Officer and then more recently, last year, via the Wakiso Chief Administrative Officer.

Until such a time that Court pronounces itself on the matter of the purported will of my left father, the status quo of his estate at the time of his death must be maintained. This is the law. And that is what, we, his law abiding beneficiaries are insisting.

Progress Updates:

16th April 2025 – Announcing Change of Legal Representation

As of December 2024, Okalang Law Chambers took over as my legal counsel in the matter of challenging the purported will of my late father.

12th December 2024 – Hearing of Application begins

The hearing of my modified application, in which a defendant was named; as opposed to determination of the validity of the purported will without a defendant, was schedule to begin. However, on advice of legal counsel, we successfully, obtained an extension. The new date is yet to be confirmed.

12th September 2024 – Application for Determination of purported Will

The Family Division of the High Court at Kampala allowed my application for the purported Will of my late father to be scrutinized by a judge and its validity determined. Hearing of the modified Miscellaneous Cause No. 18 of 2024, as guided by Court, begins on the 12th Day of December 2024.

On advice of legal counsel Civil Appeal No. 009 of 2024 was withdrawn.

27th July 2024 – Civil Appeal 9 of 2024 Instituted

We, the plaintiffs, the widow, my mum and I, asserted our right and appealed the dismissal of our Civil Suit 329 of 2020 on a technicality.

In addition, I took heed of the judge’s advice to bring a new suit, hence, my Miscellaneous Cause No. 018 of 2024, is also in place awaiting adjudication.

29th February 2024 – Civil Suit 329 of 2020 Dismissed

The Judge agreed with the defendants and dismissed our case. However, the dismissal of the case does not mean the court validated the purported Will.

We, the plaintiffs, are free to bring a fresh action (as in a new case) in pursuit of our rights. We, the plaintiffs, have a right of appeal. And in deed we have asserted our right and have appealed.

Click her to read more on the legal opinion of the Judge’s ruling.

30th January 2024 – Pre-Trial Conference Civil Suit 329 of 2020

The Pre-Trial Conference was called. And so, over three years since we filed our case, on 30^th December 2020, the main chapter of our quest for justice begun.

The Judge’s first order of business was to consider a Preliminary Objection of the defendants that “we have no cause of action against them, since they are not benefiting from the purported will,” something or rather.  All advocates, for the plaintiffs and for the defendants, made their submissions.

19th January 2021 – Civil Suit 329 of 2020 Amended

Our civil suit was prior filed with only two defendants. On advice of legal counsel we amended it to include a third defendant.

First Defendant: Robert Irigei (since deased). He tripled as the first witness to the purported will; its custodian; and the one who delivered and read it to us on 4^th November 2020, the day after the remains of my late father were laid their final resting place; and while I for sure was still in deep grief.

Second Defendant: Ssebagala Moses, my late father’s former mechanic and tenant. Functioned as the second witness to the purported will.

Third Defendant: Odulusi Joseph, my late father’s nephew, whom he raised, educated and got a job at the Metrological Department at Entebbe Airport and where he worked for decades.

The Legal Teams: Plaintiffs represented by V. Agaba Advocates & Legal Consultants, until December 2024, when a change of legal counsel happened. First defendant is represented by by Alaka & Co. Advocates. Second defendant by Kabazinga, Kavuma, Mugerwa & Ali Advocates. And third defendant by Alliance Advocates.