Applicability of customary Law to intestate Succession

Applicability of customary Law to intestate Succession

The Supreme Court in the case of Kateeba & 3 Others v Mugyenzi & 2 Others (Civil Appeal 10 of 2023) has re-affirmed the position that Customary Law is among the Laws applicable in Uganda. The court further held that customary law can only be resorted to in cases where statutory law is silent on the matter. The burden of proof lies on a party asserting applicability of customary law to prove the same on balance of probabilities. In respect of Succession of an Intestate, the Succession Act prevails over customary law and the Act should be followed. Any distribution of the Intestate which does not follow provisions of the Succession Act is null and void. To this end, clan heads, Beneficiaries, Heirs and family members should endeavor to obtain letters of administration before tempering with the deceased’s Estate.

Umar Nyanzi

Partner, Sk&Partners Advocates