An application for the renewal of a grant of Letters of Administration by Ndabakwatsa Mackline (Miscellaneous Application 275 of 2024) [2024] UGHC 677 (11 July 2024)

## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT MBARARA HCT-05-FD-MA-0275-2024

(Arising from HCT-05-FD-AC-0074-2022)

### RE: THE ESTATE OF THE LATE NDABAKWATSA JOHN

(Being an application for renewal of a grant of letters of administration by Ndabakwatsa Mackline.)

# BEFORE: HON LADY JUSTICE JOYCE KAVUMA RULING

#### Background.

[1] Per the record of HCT-05-FD-AC-0074-2022, Ndabakwatsa Mackline (hereinafter referred to as the Applicant) was granted letters of administration by this court on 11th April 2022. The record further indicates that the Applicant herein filed the first account of how she was administering the estate of the deceased on 6th December 2022 and another subsequent account was filed in this court on 7th May 2024.

[2] Consequent to the above, the Applicant filed the instant application in which she inter alia sought for an order from this court renewing the grant of letters of administration issued on 11th April 2022.

The crux of the application as can be deduced from the application was that the estate of the late Ndabakwatsa John comprised of an account in Stanbic Bank onto which monthly pension was always being deposited. That when she tried to access the said account on 28th May 2024, she was denied access because the grant of letters of administration issued by this court had expired.

## Representation.

[3] The Applicant was represented by Ms. Specioza Kentaro.

### Analysis and decision of the court.

[4] The Succession Act was amended in the year 2022 and subsequently commenced on 22nd May 2022.

The grant in the instant matter as already observed was made by this court on 11th April 2022 prior to the coming into force of the amendment to the Succession Act.

The amendment to the Succession Act provided for savings and transitions for grants of probate and letters of administration granted prior to that date.

According to Section 341(2) of the Succession Act as amended, a grant of probate issued by a court of competent jurisdiction before the coming into force of the Act was to remain valid for a period of three years after the coming into force of the Act.

This brought the grant issued by this court to the Applicant squarely within the provisions of Section 341(2) of the Succession Act as amended.

Such a grant, according to Section 341(4) of the Succession Act as amended may, on application to court by the executor or administrator of an estate be extended for a reasonable period determined by court.

[5] According to Section 341(2) of the Succession Act as amended, the Applicant had three years from 11th April 2022 to administer the estate of the late Ndabakwatsa John. This would place the time of expiration of the said grant on 11th April 2025.

[6] In the upshot, the instant application ought not to have been filed since the grant of letters of administration for the estate of the late Ndabakwatsa John has not yet expired. The application is therefore prematurely before this court and is accordingly dismissed with no orders as to costs.

I so order.

Dated, delivered and signed at Mbarara on this 11th day of July 2024.

## Joyce Kavuma Judge.