Atuhwere Caroline v Kayondo David (Miscellaneous Application No. 3045 of 2025) [2025] UGHCFD 65 (17 July 2025)

## **THE REPUBLIC OF UGANDA**

# **IN THE HIGH COURT OF UGANDA AT KAMPALA FAMILY DIVISION**

## **MISCELLANEOUS APPLICATION NO. 3045 OF 2025**

#### **(ARISING FROM ADMINISTRATION CAUSE NO 1029 OF 2020)**

#### **AND**

## **IN THE MATTER OF THE MATTER OF THE LATE RUGUMBURA MARGARET**

#### **AND**

## **IN THE MATTER OF SECTION 273(1) OF THE SUCCESSION ACT, CAP 268 (AS AMENDED)**

#### **AND**

## **IN THE MATTER OF AN APPLICATION FOR RENEWAL AND EXTENSION OF LETTERS OF ADMINISTRATION BY ATUHWERE CAROLINE (DAUGHTER) ADMINISTRATOR OF THE ESTATE OF THE LATE RUGUMBURA MARGARET FOR LEAVE OF COURT TO FILE AN INVENTORY AND FINAL ACCOUNT OUT OF TIME.**

**ATUHWERE CAROLINE :::::::::::::::::::::::::::::::::::::::::::::: APPLICANT**

**(Administrator of the Estate of the Late Rugumbura Margaret)**

#### **VERSUS**

**KAYONDO DAVID :::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT**

**(Beneficiary of the estate of the late Rugumbura Margaret)**

## **BEFORE: HON LADY JUSTICE IMMACULATE BUSINGYE BYARUHANGA**

### **RULING**

#### *Introduction*

This application was brought by way of Notice of Motion under Section 256 and 273 of the Succession Act, Section 98 (as amended) of the Civil Procedure Act and Order 52 rule 1 and 3 of the Civil Procedure Rules SI 71-1 and Section 33 of the Judicature Act seeking for orders that; -

1. An order for extension of letters of Administration granted and leave to file inventory and final account out of time to this honorable court by the applicant for the estate of the late **Rugumbura Margaret**.

The application is supported by an affidavit sworn by **Atuhwere Caroline**, the applicant herein and the holder of Letters of Administration granted vide Administration Cause No.1029 of 2020. The grounds of the application are laid out in the application and the affidavit in support of the application but briefly they are the following;

- 1. That the applicant obtained letters of administration vide Administration Cause No. 1029 of 2020 to administer the estate of the late **Rugumbura Margaret** on the 26th August, 2022. - 2. That following the grant of letters of Administration, the applicant was informed by court that a New Amendment was made in the law in the year 2022, where letters of Administration expire after two years from the date of the grant. - 3. That she was further informed that the letters of administration granted prior to the amendment expire after 2 years. And this means the Letters of Administration are bound to expire on the 31st May 2025. - 4. That the Applicant still stands as fit and proper person to administer and complete administration of the estate of the Late Rugumbura Margret. - 5. That with the renewal and extension of letters as applicant, would be in position to continue administering the estate of the deceased of the Late Rugumbura Margret as administrator.

#### *Background*

Following the demise of the **Late Rugumbura Margret**, the applicant herein petitioned this court for Letters of Administration to administer the estate of the deceased on behalf of the beneficiaries. The same was granted on 26th August 2022 by **Hon. Lady Justice CELIA NAGAWA Ag (as she then was)**. However, contrary to the requirements of **Section 256 (1) of the Succession Act, Cap 268** the letters have since expired and neither was inventory filed contrary to **Section 273(1)** (formerly section 278 (1) **of the same Act**.

#### *Representation*

In the instant application, the applicant is self-represented.

#### *Issue for Determination*

In accordance with **Order 15 rule 5 of the Civil Procedure Rules**, this court is empowered to frame issues for determination in any given suit to enable the conclusive determination of the suit. Therefore, this court has resolved that the main issue for resolution is, *whether this court has jurisdiction to entertain this matter and whether the letters of administration can be extended and leave to file an inventory and final account out of time be granted.*

## *Parties' submissions*

It is the applicant's submission that the applicants have a justified reason for the delayed filing of the inventory and final account beyond the stipulated six months' timeline on account that it is only just and equitable that the grant of letters of administration are renewed to enable the applicant properly administer and complete the remaining transactions on the estate property before filing an inventory and a final account in court. The applicant further submitted that he embarked on the process of obtaining the deceased's pension which took long hence the applicant's failure to file inventory in time.

#### *Resolution*

**Section 96 of the Civil Procedure Act, Cap 282**, vests power in this honorable court to extend time for a fixed period granted by court when it expires. **Section 98 of the same Act** also provides that the court has inherent power to make such orders as maybe necessary for the ends of justice or to prevent abuse of court process. In matters of this nature, the date of issuance of the grant of Letters of Administration or Probate is very important as the same predetermines the applicable law.

**Section 256 of the Succession Act, Cap 268** stipulates that a person to whom letters of Administration have been granted shall administer the estate for a period not exceeding two years. **Subsection 3(a) of the same Section** stipulates that court may on application extend the period prescribed in subsection 2 for a further two years or any other reasonable time as determined by court where the court is satisfied that;

- *a. It is in the best interest of the beneficiaries to extend the period.* - *b. That the person whom the letters of administration were granted has complied with the provisions of the Act or any condition to which the grant of letters of Administration is subject to or obtained the consent to apply for the extension of the letters of administration from all beneficiaries of the estate to which the letters of administration apply.*

From the foregoing, the applicant's letters of administration were issued on 26th August 2022 hence making Section 256 (supra) the applicable law in the instant case since the grant was issued after 31st May 2022 as opposed to Section 337 of the same Act which applies to grants issued before 31stMay 2022.

The applicant deposed in paragraphs 6 and 7 of the affidavit in support of the application that the processing of pension of the deceased delayed and in turn hindered the filing of the inventory within the stipulated six months. The applicant further deposed that she is desirous of finalizing the administration of the estate, however, it is imperative that the letters of administration are extended.

I have also observed that all the beneficiaries consented to the application and attached copies of their National Identity cards as required under Section 256 (3) (b) (ii) of the Succession Act. In light of these facts, I am convinced that the applicant has presented sufficient cause to warrant the extension of the letters of Administration.

In regards to filing inventory out of time, **Section 273(1)** (formerly section 278(1)) **of the Succession Act** (as amended) provides that*:*

*"An executor or executrix or administrator or administratrix shall, within six months from the grant of probate or letters of administration, or within such further time as the court which granted the probate or letters may from time to time appoint, exhibit in that court an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person to which the executor or executrix or administrator or administratrix; is entitled in that character; and shall in like manner within one year from the grant, or within such further time as the court may from time to time appoint, exhibit an account of the estate, showing the assets which have come to his or her hands, and the manner in which they have been applied or disposed of."*

In the case of **Hadijah Ndagire & Anor v Muhammad Kasozi & Ors HCCS No.**

**40 of 2014**, court stated that, *the prescribed period for filing an inventory is six months. If the administrator finds herself unable to file the inventory within the prescribed time, she/he is duty bound to apply to the court which issued the grant for extension of time, stating the reasons for her/his inability to perform the required* *task within the 6(six) months period. The court, if persuaded by the administrator's grounds for extension of time, may grant the application.* The case of **Molly Kyalikunda Turinawe & others v Engineer Ephraim Turinawe & Anor – SCCA No. 27 of 2010** provided for the 3 questions to be determined before disposing of an application for extension of time like this one. The said questions are;

- *1. Whether the Applicant has established sufficient reasons for the court to extend time* - *2. Whether the Applicant is guilty of dilatory conduct* - *3. Whether any injustice will be caused if the application is not granted.*

Similarly, in the case of **Mugo and ors v Wanjiru & another [1970] EA 481 at page 484** it was stated that; "*each application must be decided in the particular circumstances of each case but as a general rule, the applicant must satisfactorily explain the reason for delay and should also satisfy court as to whether or not there will be a denial of justice by the refusal or granting of the application" (emphasis on the underlined)*

In the case of **The Registered Trustees of the Archdiocese of Dar es Salam v the Chairman Bunju Village Government & Ors** which quoted **Gideon Mosa Onchwati v Kenya Oil Co. Ltd & Anor [2017] KLR** where it was stated,

*"it is difficult to attempt to define the meaning of the words sufficient cause. It is generally accepted however, that the words should receive a liberal construction in order to advance substantial justice, when no negligence or inaction or want of bonafides is imputed to the appellant."*

Courts have the discretion to determine what amounts to sufficient cause and in the cases of estate property, the Applicant must show that the reason for the delay in filing an inventory was beyond his or her control and it was not because of negligence or unreasonable delay. In the instant case, I have observed that the applicant recently filed the inventory on hence proof that strides have been taken by the applicant to fulfill her obligations as administrator of the deceased's estate. I have examined the reasons furnished by the applicant above and in my view, the aforementioned reasons qualify as sufficient cause to extend time within which to file the inventory. I accordingly allow this application with a finding that the present application merits extension of time within which to file the inventory out of time and amendment of the letters of Administration so as to facilitate the final distribution and administration of the deceased's estate.

In these premises, the Applicant's application succeeds and I hereby order as follows;

- *1) The application is allowed.* - *2) Letters of Administration for the Estate of the Late Rugumbura Margaret issued vide Administration Cause. 1029 of 2020 to the applicant are hereby extended for two years effective 17 th July 2025.* - *3) The Applicant is granted leave to file the final account inventory of the estate vide Administration Cause. 1029 of 2020 out of time.* - *4) The Applicant is directed to file the updated inventory clearly showing the following;* - *a. the name of the deceased; date of death; Administration Cause number; Date of Issuance of the Letters of Administration; Names of Administrator; Date of Submission of Inventory.* - *b. Properties that formed part of the deceased's estate as at the date of death. For immoveable properties, attach certified documentary evidence and for moveable properties, a list with details and descriptions. A status update of these properties should be given as at the date of filing of this inventory.* - *c. Credits of the deceased* - *d. Debts of the deceased* - *e. List of beneficiaries of the deceased and their National IDs* - *f. Proposed distribution of properties among the beneficiaries and justification for this proposed distribution i.e. family minutes*

*consenting to the proposed distribution, duly signed by the beneficiaries and the Administrators.*

- *g. For property already distributed before the filing of the inventory, a list of properties distributed and to whom it was distributed among the beneficiaries and a justification for the distribution and proof that the said beneficiary received the same.* - *5) The said inventory should be filed within six months' days from the date of this Ruling.*

I so order,

**Immaculate Busingye Byaruhanga**

## **JUDGE**

Ruling delivered on this **17 th** day of **July 2025** via ECCMIS