Court stops ex-soldier Kankya’s children from selling estate
“The account shall disclose the property from which the income was derived, the amount received, the period to which the income relates, any expenditure reasonably incurred in preserving or maintaining the property and the balance remaining due to the estate,” the judge said.
Court stops ex-soldier Kankya’s children from selling estate
KAMPALA - The Family Division of the High Court in Kampala has issued an order restraining the children of the late John Kankya or their agents from selling the deceased's estate.
The court also stopped servants and all persons claiming through them from selling, transferring, mortgaging, charging, subdividing, exchanging, gifting, leasing or creating any third-party interest in any property forming part of Kankya's estate pending the lawful distribution of the estate.
In a judgment dated August 21, 2026, High Court Judge Immaculate Busingye directed the administrator general to identify all the beneficiaries to the estate, convene a family meeting and facilitate the fresh nomination of a new competent team to apply for letters of administration to oversee the estate.
The judge said upon being satisfied as to their suitability, the administrator general should issue a fresh certificate of no objection in accordance with the Succession Act to the suitable administrators.
“The fresh family meeting shall so far as practicable be convened within 90 days from the date on which a certified copy of this judgment is presented to the administrator general,” the judge ordered.
The judge said the persons presently occupying estate property may remain in occupation solely for purposes of preservation and continuity.
However, the judge said such occupation shall not confer ownership, priority or any superior beneficial entitlement in the eventual distribution of the estate.
Justice Busingye said every party or beneficiary who has collected rent, received consideration from a lease or sublease, sold produce, operated a business or otherwise received income from the estate property, shall within 90 days from the date of this judgment render a true and complete account to the administrator general.
“The account shall disclose the property from which the income was derived, the amount received, the period to which the income relates, any expenditure reasonably incurred in preserving or maintaining the property and the balance remaining due to the estate,” the judge said.
The judge said any income received from the estate after the date of this judgment shall be properly recorded and preserved for delivery to the administrators appointed under the fresh grant.
“No beneficiary shall appropriate such income for personal use, save for reasonable and verifiable expenses necessary for the preservation of the estate,” she said.
Citing section 220 of the Succession Act, which requires the court, in selecting an administrator, to consider, among other matters, the relationship of the proposed administrator to the deceased, the nature of his or her interest, the safety of the estate and the probability that it will be properly administered, the judge said the safety and proper administration of the estate require a fresh consultative process.
The police report indicates that some of the beneficiaries are occupying the residential premises while others cultivated land, reared animals or received income from portions of the estate.
Walter Adyeeri, one of Kankya's sons, has solely obtained the letters of administration to the estate, but the judge said the process of obtaining them was not only flawed but also expired in May 2025 by the operation of the law.
Kankya left several properties, including pension and gratuity payable by the Uganda People’s Defence Forces.
The court battles
Following the death of Kankya in 2004, the administrator general issued a certificate of no objection to Adyeeri and his siblings Eddie Kankya and Miriam Kankya to apply for letters of administration in regard to their late father's estate so that the distribution of property can take place.
However, Eddie and Miriam refused to sign the petition for letters of administration.
On July 27, 2020, Adyeeri and his other siblings, Marvin Kankya and Sharon Kankya, lodged a complaint with the Administrator General over delayed distribution of the estate.
They requested the Administrator General to convene a meeting to resolve the matter.
On November 18, 2022, Francis Dawa Matenga, the then assistant registrar at Fort Portal High Court, cancelled Eddie and Miriam from the certificate of no objection, leaving Adyeeri as the only administrator.
Armed with the court order, Adyeeri obtained letters of administration from the Family Court.
However, Eddie, Miriam, Arnold Kankya, Gerald Kankya, Patrick Kankya, Richard Kankya and Catherine Karungi sued Adyeeri, seeking revocation of the letters of administration, which had been granted to him on April 15, 2022.