Beneficiaries have the right to sue to preserve an estate for which a grant of letters of administration has not yet been made, the High Court has ruled in a new ruling in Forte Concrete Limited v Muwanga Alex Boaz and Anor, delivered on 25 October 2024 by Justice Musa Ssekaana.
The case revolved around a tenancy agreement entered into by the appellants and the respondent’s father (landlord), who passed away without renewing it and had not been renewed by the respondents as the potential beneficiaries of the deceased’s estate.
In the trial court, the present respondents had sued the appellants for vacant possession which the trial Chief Magistrate ordered.
On Appeal, the appellants, among other grounds, challenged the decision of the trial Chief Magistrate, Her Worship Nsenge Roseline, which found that the respondents had locus to institute the trial proceedings as beneficiaries of the undivided estate in a bid to protect the undivided interests in the estate.
In his ruling, Justice Musa Ssekaana rejected the appellant’s arguments that beneficiaries have no locus standi to sue to preserve or protect an unadministered estate save for circumstances where the estate was being wasted.
“The appellant’s counsel argued that this right to sue was only available in cases where the estate was being wasted which was not happening in this instance. I find this argument weak and flawed since the respondents sued the appellant in a bid to protect the estate from the appellant who had refused to give vacant possession upon the lapse of their tenancy agreement. Refusal to give vacant possession was endangering the estate of the Late Lwanga therefore the respondents had a right to sue to preserve.” Justice Musa Ssekaana stated.
“The court should not deprive a beneficiary of his rights in an estate which is being put to waste or grabbed by non-beneficiaries like in the present case. The appellant who is not a member of the family and was in full benefit cannot question the locus of family members who are challenging their continued usage of the land upon expiry or lapse of the contract period upon death of the lessor. Any member of the family whose interest is threatened by the wrongful alienation or wrongful interference with family property can sue to protect his interest, whether with or without the consent of the other members of the family.” He added, citing the case of Ezekude v Odogwu (2002) 8 NWLR
Benjamin Ahikiiriza is a legal writer and publisher of the Legal Reports Digital Media.