Children fight over ex-soldiers Kankya's estate

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The Family Division of the High Court will on Wednesday begin hearing the case in which the children of the late Lt. John Kankya are fighting over his estate.

Justice Ketra Katunguka is presiding over the case.

Kankya died in 2004 after he collapsed in his Bonanza restaurant based in Fort Portal.

Unfortunately, Kankya died intestate (without a Will) yet he is survived by 12 children from different mothers.

In the case before court, Walter Adyeeri is accusing his siblings Eddie Kankya, Arnold Kankya, Gerald Kankya, Miriam Marunga, Patrick Kankya, Richard Kankya and Catherine Karungi of blocking distribution of the estate for their selfish interests.

Adyeeri claims that Eddie and Marunga have since taken over a residential house and the family farm in Buhesi, Bunyangabu district measuring over 13 acres.

Adyeeri also accuses Marunga of illegally leasing out a commercial building located on plot 26, Ruhandika Street in Fort Portal city to a hotel proprietor at shillings 10 million in 2005.

He contends that the commercial building was leased out without consulting the rest of the children yet the estate has never been distributed, which he argues tantamount to intermingling with the estate of the deceased person contrary to the Administrator General Act.

Under Section 11 of the Administrator General Act, dealing in a deceased person’s estate without letters of administration tantamount to a criminal offence of intermeddling. 

On April 13, 2022, Justice Katunguka granted letters of administration to Adyeeri with orders to make a full and true inventory of the said properties, credits and exhibits by October 13, 2022 or within such a time as court may time to time appoint. 

However, on May 10, 2022, Eddie, Gerald, Arnold, Marunga and Richard dragged him to the same court seeking an interim order restraining him from exercising powers of administration or dealing with the estate until the final disposal of the case which they had filed.

In their case, the group accuses Adyeeri of acquiring the letters fraudulently without consulting them.

Adyeeri, through his lawyers at Kintu, Twinomugisha and Company Advocates counter-claimed seeking shillings 500 million in special damages.

Background

Following the death of Kankya, Administrator General (AG) Charles Kasibayo issued a certificate of no objection to Adyeeri, Eddie and Miriam to apply for letters of administration in regard to the estate so that an inventory is made and subsequently distributed to the beneficiaries. 

Court documents, however, indicate that Eddie and Miriam declined to sign the petition for letters of administration despite several requests by the AG’s office.

On July 27, 2020, Adyeeri, Marvin Kankya and Sharon Kankya (youngest children) through their lawyer, Acali Manzi and Company Advocates, lodged a complaint to the administrator general over delayed distribution of their father’s estate.

In the complaint, the trio stated that some of the family members planned a surreptitious move to have an administrator appointed without their consent and knowledge.

Consequently, they asked Kasibayo to convene a family meeting to appoint the administrator of the estate.

On November 18, 2022, Francis Dawa Matenga, the assistant registrar at Fort Portal High Court ordered for cancellation of certificate of no objection on grounds that Eddie and Miriam failed to co-operate to sign the petition rendering it defective. 

Armed with the court order, Adyeeri obtained letters of administration from the family but his siblings have since contested it.

Report on family justice

A recent survey conducted by Centre for Public Interest Law of Makerere University in conjunction with the Judiciary indicates that 87% of the people die without a Will.

However, the report indicates that people take a long time to apply for letters of administration or probate which is fuelling family disputes.