Leo Kaliba and Another v The Estate of the Late Zakayo Musana (HCT-01-CV-MA-0052-2025) [2025] UGHC 522 (4 July 2025)

# **THE REPUBLIC OF UGANDA**

# **IN THE HIGH COURT OF UGANDA AT FORT PORTAL**

# **HCT-01-CV-MA-0052-2025**

# **(ARISING OUT OF HCT-01-CV-AC-0022-2015)**

# **1. LEO KALIBA**

# **2. CHRISTOPHER KIHIKA :::::::::::::::::::::::::::::::::::::::: APPLICANTS**

#### **VERSUS**

## **THE ESTATE OF THE LATE**

**ZAKAYO MUSANA ::::::::::::::::::::::::::::::::::::: RESPONDENT**

## **BEFORE: HON. JUSTICE VINCENT WAGONA**

# **RULING**

## **Introduction**:

- 1. The Applicant brought the instant Application by Notice of Motion under Section 70 of the Succession Amendment Act, 2022, and 0rder 52 Rules 1, 2 and 3 of the Civil Procedure Rules, seeking Orders that; - - **(1)That the grant of letters of administration to Kaliba Leo and Christopher Kihika be extended for two years or any other reasonable period determined by this honorable court.**


## **(2)No orders as to costs**

## **Grounds of the Application**:

- 2. The Application is supported by the Affidavit of the 2nd Applicant, *Mr. Christopher Kihika*. The grounds of the Application are that; - - (1)The Applicants were granted letters of administration by this Honorable Court on 21st June 2016 vide Administration Cause No. 0022 of 2015. - (2)The Applicants herein shall not have authority to continue administering the estate after 31st May, 2025 yet there are still issues to be resolved pertaining the estate. - (3)The land subject to HCT– FPT--00–CV–CS–LD– N0. 042 OF 2024 currently pending before this Honorable Court is the only land comprising the estate of the Late Zakayo wherein we sued as administrators of the said estate. - (4)That ever since the Applicants obtained the letters of administration, they have been dealing with suits in respect to the above mentioned land and that they recently filed HCT–FPT--00–CV–CS–LD–NO. 042 of 2024 which is pending before this Honorable Court against two defendants for fraud, cancellation of title and revocation of letter of administration. - (5)The Applicants have fulfilled their obligation as administrators and have filed inventory in respect to the affairs of the estate.


- (6)The Applicants have also obtained consent from the beneficiaries of the estate to extend the grant for a further period of two years or other reasonable period determined by this Honorable Court. - (7)It is in the interest of the beneficiaries for the Applicants to continue and with the grant in order to conclude litigation of HCT- FPT-- 00–CV-CS– LD– NO. 042 OF 2024 which is currently pending before this Honorable Court .

#### **Representation and Hearing**:

- 3. The Applicants are represented by *Mr. Muhumuza Samuel* of *M/s Katembeko & Co. Advocates*. - 4. In his written submissions, Counsel mainly reiterated the above grounds of the Application and the contents of the 2nd Applicant's Affidavit in Support of the Application. He then submitted that **Section 341 (1)** of the **Succession Amendment Act** provides that letters of administration granted before the coming into force of the amendment are to remain valid for three years from the date of coming into force of the amendment, and that, **Section 341 (4)** thereof states that the period can be extended upon Application and satisfying Court of the grounds of the Application. That in the instant case, the Applicants obtained consent from the beneficiaries, filed an inventory and intend to ensure the


completion of the pending civil suit to its logical conclusion, and that the suit cannot be ably prosecuted by the administrators if the letters of administration are not extended. That it is in the interest of justice for the Application to be granted.

#### **Issues**:

- 5. I will resolve the instant Application through this issue: - *(1) Whether the conditions for the extension of Letters of Administration have been met.*

## **CONSIDERATION BY COURT**:

# **Issue**: **Whether the conditions for the extension of Letters of Administration have been met.**

6. **Section 337** of the **Succession Act, Cap 268**, deals with the expiry and renewal of letters of administration issued before the 31st day of May 2022. **Section 337(2)** provides that: *"A grant of probate or letters of administration issued by a court of competent jurisdiction before the 31st day of May, 2022, shall remain in force for a period of three years from the 31st day of May, 2022,"* while **Section 337 (4)** provides that, *"the duration of a grant of probate or letters of administration referred to in subsections (2) may, on application to court by the executor or executrix or an administrator or administratrix of an estate, be*


*extended for a reasonable period determined by court."* The purpose behind the introduction of these expiry dates for grants of letters of probate and letters of administration, was to address the widespread problem of protracted estate administration, to ensure that administrators act diligently, to promote accountability, and ultimately, to safeguard the interests of beneficiaries by ensuring timely winding up of estates.

- 7. The Applicants, *Leo Kaliba* and *Christopher Kihika*, seek an extension of their grant of letters of administration for the estate of the Late *Zakayo Musana*. I have critically examined the record of this Court in Administration Cause No. 22 of 2015 and established that the original grant was issued on 21st June 2016. Their authority was set to expire on May 31, 2025. The core of this Application rests on **Section 337 of the Succession Act, Cap 268**, which, governs the expiry and renewal of letters of administration granted before 31st May 2022. Specifically, **Section 337(2)** states that such grants remain valid for three years from 31st May 2022. Crucially, **Section 337(4)** provides the avenue for extension, allowing the court to extend the duration upon application by the executor or administrator for a "reasonable period determined by court." - 8. In my view therefore, the conditions for the extension of letters of administration, may include the following:


- (a) **Valid and reasonable explanation for non-completion:** The Applicants must provide a justifiable reason why the administration could not be concluded within the initial grant period. - (b)**Necessity and usefulness of extension:** The extension must be essential for the proper and complete administration of the estate, indicating that the estate is not yet fully administered. - (c) **Diligence of the applicant:** The Applicants must demonstrate consistent effort in administering the estate and that they have not been negligent. - (d)**Best interests of beneficiaries:** The extension should serve the beneficiaries' best interests and not prejudice their rights.

Valid and reasonable explanation for non-completion:

9. The Applicants state that after obtaining letters of administration in 2016, they have been consistently involved in litigation concerning the estate land. They specifically mention **HCT–FPT--00–CV–CS–LD– N0. 042 OF 2024**, which is currently pending before the Honorable Court. I have critically examined the record and established that the Applicants herein are part of the Plaintiffs in the said suit which is in respect of the land comprised in **Block 122, Plot 1 land at Kihoka in Mwenge**. The suit is brought against the administrators of the estate of the late *Gideon Musana Kacwere* who also claim ownership of the same land.


I find that this ongoing, litigation over the estate property provides a robust and reasonable explanation for why the estate administration could not be finalized within the initial timeframe.

## Necessity and usefulness of extension:

10. The Applicants explicitly state that there are "still issues to be resolved pertaining the estate" and that the land subject to HCT–FPT--00–CV–CS–LD– N0. 042 of 2024 is the "only land comprising the estate of the Late Zakayo." This demonstrates that the estate is far from fully administered, as its primary asset is embroiled in a legal dispute. The extension is undeniably necessary and useful for the proper administration of the estate, as the administrators need to conclude this critical litigation to secure the estate's assets for the beneficiaries. Without the extension, they would lose the legal standing to pursue this case, leaving the estate's most significant asset in jeopardy.

#### Diligence of the applicant:

11. The Applicants assert that they have been "dealing with suits in respect to the above mentioned land" ever since they obtained the letters of administration. They specifically cite the recent filing of **HCT–FPT--00–CV–CS–LD–NO. 042 of 2024**, which further supports their claim of active engagement. Furthermore,


they state they have "fulfilled their obligation as administrators and have filed inventory in respect to the affairs of the estate." I have perused the record and seen the inventory filed by the Applicants. Filing an inventory is a significant administrative step and indicates compliance with their duties. The continuous engagement in litigation, rather than indicating neglect, demonstrates their proactive efforts to protect the estate's interests.

#### Best interests of the beneficiaries, and their rights should not be prejudiced:

12. The Applicants contend that they have "obtained consent from the beneficiaries of the estate to extend the grant for a further period of two years or other reasonable period determined by this Honorable Court." Attached to this Application as Annexture C is a consent by beneficiaries signed by *Alozio Bwebale*, *Luzi Kategeka* and *Stephen Beyole* who are the son, Daughter and grandson of the late *Zakayo Musana*. This is a crucial point, as the beneficiaries are the ultimate stakeholders. Their consent strongly suggests that they perceive the extension to be in their best interests, particularly given that the continued litigation is aimed at preserving the estate's land. The Applicants explicitly state that "it is in the interest of the beneficiaries for the Applicants to continue and with the grant in order to conclude litigation of HCT- FPT-- 00–CV-CS– LD– NO. 042 OF 2024." Granting the extension would allow the administrators to


continue representing the estate in the crucial pending suit, which directly benefits the beneficiaries by potentially recovering or securing the estate's main asset. Denying the extension would likely prejudice the beneficiaries, as the ongoing suit would be jeopardized, and the estate's assets might remain unresolved.

#### **Conclusion and Orders**:

- 13. Based on the above analysis of the law and the facts presented, I find that the Applicants have sufficiently justified the need for the extension of the letters of administration. They have provided a valid and reasonable explanation for the delay, established the necessity of the extension for proper estate administration, shown diligence in their duties, and, most importantly, secured the consent of the beneficiaries, indicating that the extension is in their best interests. I therefore find that this Application for extension of the grant of letters of administration is meritorious and is hereby granted with the following Order: - **(1)The grant of letters of administration to Kaliba Leo and Christopher Kihika in respect of the estate of the late Zakayo Musana is hereby extended for a period of two years from the date of delivery of this Ruling.**


- **(2)The Applicants shall administer the said estate for the said extended period, and shall make a full and true inventory of the estate property and credits to this Court within twelve (12) months from the date of delivery of this Ruling.** - **(3)No orders as to costs.**

I so Order.

**Dated at Fort Portal this 4th day of July 2025**


Vincent Wagona

**High Court Judge**

**FORTPORTAL**