Masaka High Court dismisses former judge Musoke's widow appeal

High Court in Masaka has dismissed an appeal filed by the widow to the Late Musoke-Kibuuka challenging the decision of the registrar Julius Borore which granted a temporary injunction restraining the sale or any dealing with the estate of the former High Court judge.

The case up when one of the Late Musoke's children, Rose Daphine Nakiberu, asked the registrar to stop any dealings by widow Edith Margaret Kalemera who is the administrator of the estate, until hearing of the main case challenging the process through which the respondent acquired letters of administration of the late judge's property. 

Nakiberu’s lawyer Sam Ssekyewa argued that the appeal had no merit but was rather intended to delay the hearing of the main case.

The High Court Judge Victoria Nakintu agreed with the complainant’s lawyer that the appeal had no merit and dismissed the case.

“The appeal is dismissed with no order as to costs and the orders of the learned deputy registrar are upheld,” the ruling dated 22 May 2023 which was seen byMonitor reads in part reads in part  

Background  

A section of children of the former high court judge Vicente Ferrer Musoke Kibuuka sued her widow, whom they accused of illegally obtaining letters of administration of their deceased father's assets even though he had left them a will.

On July 12, 2022, they obtained an interim injunction from court restraining Ms Kalemera, her agents, or servants from any further dealings in the estate of late justice Kibuuka by way of selling, transferring, building, or engaging in any other activity pending the hearing of the main application for a temporary injunction.

The interim order of injunction was granted by the High Court in Masaka on July 15, 2022, and was later extended to September 27, 2022, when the main application was coming up for ruling but Ms Kalemera appealed against the ruling until Justice Nakintu dismissed the appeal on 22, May 2023.