Mugume v The Estate Of The Late Rusoke Emmanuel (Administration Cause 42 of 2020) [2024] UGHC 709 (12 July 2024)

## **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT FORT PORTAL MISC. CAUSE NO. 012 OF 2024**

### **IN THE MATTER OF THE ADMINISTRATION CAUSE NO. 042 OF 2020**

## **MUGUME STELLA MARIS ::::::::::::::::::::::::::::::::: APPLICANT**

### **VERSUS**

### **THE ESTATE OF THE LATE RUSOKE EMMANUEL :::::::: RESPONDENT**

#### **BEFORE HON. MR. JUSTICE VINCENT EMMY MUGABO**

#### **EX PARTE RULING**

This is an *ex parte* application filed by way of notice of motion under section 278 of the Succession Act Cap. 268, section 98 of the Civil Procedure Act Cap. 282, and Order 52 Rule 1, 2 & 3 of the Civil Procedure Rules S. I 71-1 seeking the following orders:

- a) The time within which the applicant should file an inventory in Administration Cause 041 of 2020 be extended. - b) The court issues fresh administration letters to the applicant or renews the grant in Administration Cause No. 041 of 2020. - c) Costs of the application be provided for.

#### **Background**

The background to this application as gathered from the applicant's pleadings is that the applicant was appointed as the administratrix of the estate of the late Rusoke Emmanuel formerly of Bulingo Village, Bulingo Parish, Kyegegwa sub-County in Kyegegwa district on the 3rd day of February 2021 vide Administration Case No. 041 of 2020.

However, the applicant did not file an inventory of the estate of the late Rusoke Emmanuel in this court as required by law as well as register some properties of the late Rusoke Emmanuel in her name in her capacity as administratrix of the estate. This application seeks an extension of time for the applicant to file the inventory and renew her letters of administration.

# **Grounds in Support of the Application**

The grounds in support of the application are set out in the affidavit of Mugume Stella Maris, the applicant, the gist of which is that;

- a. The applicant is the administratrix of the estate of the late Rusoke Emmanuel having acquired the grant in the year 2021. - b. At the time the applicant was appointed the administratrix of the said estate, she did not have an advocate to guide her in the administration process. - c. The applicant has not filed an inventory of the estate of the late Rusoke Emmanuel since acquiring the letters of administration because she was ignorant of the law on the requirement of filing an inventory. - d. The applicant undertakes to file an inventory in this court with the help of the advocate if this application is granted. - e. One of the properties of the late Rusoke Emmanuel comprised in Block 89 plot 5 land at Kyabasebere, Kyaka, Tooro, was jointly owned by him and Bendicto Nyindwoha and the applicant needs to be reflected as joint owner of the said property in her capacity as the administratrix of the estate of the late Rusoke Emmanuel.

- f. The applicant does not need to go through a fresh process of acquiring letters of administration but can only apply for renewal of the same. - g. The applicant intends to renew her letters of administration to allow her to file an inventory in this court. - h. It is just and equitable that this application be granted.

## **Representation and hearing.**

Mr. Wahinda Enock represented the applicant. Counsel for the applicant filed written submissions which I will not reproduce herein but have considered in this ruling.

## **Issues for determination**

- 1. Whether time within which the applicant is required to file an inventory in this court should be extended. - 2. Whether the validity of the applicant's letters of administration should be extended. - 3. What remedies are available to the parties?

## **Consideration by Court**

# **Issue 1: Whether time within which the applicant is required to file an inventory in this court should be extended.**

Section 278(1) of the Succession Act, as amended provides that:

*"An executor or administrator 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 administrator 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."*

Filing an inventory is one of the cardinal duties of an administrator or an executor of the deceased estates *(See: Abubaker Sebalamu Vs Yasmin Nalwoga SCCA No. 14 of 2017).*

It is also trite that if the administrator finds him or herself unable to file an inventory within the prescribed time, then he or she have the duty to apply to the court which issued the grant to extend time, stating the reasons for his or her inability to perform the required task within the prescribed period. The Court, if persuaded by the administrator's grounds for extension of time, may grant the application *(see: Hajjat Ndagire & Another Vs. Muhammad Kasozi & Others HCCS N0. 40 of 2014).*

A court granting an application for an extension of time, like this one before me, will first consider whether;

- I. The applicant has established sufficient reasons for the court to extend the time - II. The applicant is not guilty of dilatory conduct - III. Injustice will be caused if the application is not granted

*See: Molly Kyallikunda & Others Vs. Engineer Turinawe & Another SCCA No. 27 of 2010.*

*In the case of Mugo & Others Vs. Wanjiru & Another [1970] EA 481 at page 484*, the court held that:

> *"Each application must be decided on the particular circumstances of each case but as a general rule, the applicant must satisfactorily explain the reason for the delay and should also satisfy the court as to whether or not there will be denial of justice by the refusal or granting the application."*

As to what amounts to "sufficient cause", it has been held that it is generally accepted that the words such as "sufficient cause" should receive liberal construction in order to advance substantial justice, where no negligence or inaction or want of *bonafides* is imputed to the applicant **(see:** *Nansubuga Lubowa Margaret Vs. Nalwoga Allen & Others HCMA No. 011 of 2024).*

**In the case of** *Nansubuga Lubowa Margaret Vs. Nalwoga Allen & Others (Supra)* it was held that:

> *"Courts have the discretion to determine what amounts to sufficient cause and in any cases of estate property, the applicant must show that the reason for the delay in filing the inventory was beyond her control and it was not because of negligence or unreasonable delay."*

In the instant application, the applicant avers that she was prevented from filing the inventory in court within the prescribed time because she was ignorant of the law prescribing the time within which to file an inventory. She, however, states that after receiving advice from her advocate, she is willing to file an inventory if this court grants the extension of time.

In the case of *Nansubuga Lubowa Margaret Vs Nalwoga Allen & Others (Supra)* citing the case of *In the matter of the estate of the late Fenekasi Kabuye HCMA No. 1362 of 2023,* Hon. Lady Justice Faridah Shamilah Bukirwa Ntambi held that ignorance, though justifiable, would not have been the reason for late filing the inventory which should be filed by the administrator.

Therefore, by the applicant pleading ignorance as the cause of the delay in filing the inventory, she has not shown sufficient cause. This is because in paragraph 7 of her petition for grant of letters of administration vide Administration Cause No. 041 of 2020, the applicant stated that she was willing to comply with the conditions of the grant including filing the inventory within 6 months from the date of the grant. This undertaking is equally well-inked on the grant.

I also note that the grant of the letters of administration was made on the 3rd of February 2021, and the applicant was expected to file the inventory within 6 months from the time of the grant. The applicant did not file the inventory as required and came to court seeking for extension of time within which to file on the 13th of May 2024, more than 3 years after the grant of the letters of administration was made. This makes the applicant guilty of dilatory conduct.

Nonetheless, an order for an extension of time within which to file an inventory is granted at the discretion of the court. An inventory is a report containing a full and true estimate of all the property in possession, all the credits, if any, and also all the debts, if any, owing by any person to which the executor or administrator is entitled in that character.

It is, therefore, my considered view that the grant of an order for an extension of time within which the applicant is to file an inventory will not occasion injustice

Therefore, in the interest of administering substantive justice, the time within which the applicant is to file an inventory is hereby extended. The applicant shall file the inventory in respect to the estate of the late Rusoke Emmanuel within one (1) month from the date of this ruling.

# **Issue 2: Whether the validity of the applicant's letters of administration should be extended.**

The applicant avers that the validity of her letters of administration lapsed, and the renewal is necessary so that she can affect the registration of part of the estate of the late Rusoke Emmanuel into her name as the administratrix of the same estate.

The letters of administration in issue were granted on the 3rd of February of 2021. The Succession (Amendment) Act 2022 came into force on the 10th of April 2022.

Section 341(2) of the Succession Act as amended provides that:

# *"A grant of probate or letters of administration issued by a court of competent jurisdiction before the coming into force of this Act, shall remain valid for a period of three years after the coming into force of this Act."*

From the foregoing, the applicant's letters of administration are still valid. It would therefore be premature to renew the same when they are still valid. For the avoidance of doubt, the applicant's letters of administration are valid before 10th April 2025. Therefore, issue 2 is resolved in negative.

## **Issue 3: What remedies are available to the applicant**

The applicant prayed for this court to grant an extension of time within which to file an inventory in Administration Cause No. 041 of 2020, issuance of fresh letters of administration or renewal of the same, and costs of the application.

For the reasons given above, this application is partially allowed with the following orders;

- (a)The applicant is hereby granted leave to file an inventory vide Administration Cause No. 41 of 2020 out of time. - (b)The applicant is hereby directed to file an inventory with this court within one (1) month from the date of this ruling. - (c) No order as to the costs of this application.

I so order.

This ruling was made ready by 30th June 2024 before the 7th Revised Edition of the Principal Laws was published and therefore sections cited herein apply mutatis mutandis.

Dated at Fort Portal this 12th day of July 2024.

**Vincent Emmy Mugabo**

**Judge**