Airedanajjingo Nnyanzi and Another v Evarista Namulem Nnyanzi and Others (Miscellaneous Application No. 2623 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted the application to renew letters of administration for the estate of the late Evaristo Nnyanzi, which had expired on 31 May 2025. The court found that renewal was in the best interests of the beneficiaries, who had consented, and that the administrators had been actively managing the estate despite delays caused by ongoing litigation, government land acquisition, and property confirmation issues. The court also granted an extension of time to file an updated inventory and accountability, finding sufficient cause for the delay, and ordered the administrators to file both within thirty days.
Outcome
Letters of administration renewed; applicants granted extension of time to file inventory and accountability within thirty days
Facts
Letters of Administration for the estate of the late Evaristo Nnyanzi were granted to the applicants on 9 February 2017 vide Nakawa Administration Cause No. 526 of 2010. The applicants were required to file an inventory within six months. They filed an initial report on assets in July 2018, but no copy was placed on the administration cause file. The grant expired on 31 May 2025. The applicants sought renewal of the letters and extension of time to file an updated inventory and accountability. They explained that delays were caused by their efforts to confirm estate assets, renew expired leases, apply for freehold titles, address caveats lodged on properties, recover compensation for land taken by government during the Ranch Restructuring Exercise, and handle multiple court cases. The beneficiaries, who are the respondents, consented to the renewal of the letters of administration.
Issues
- Whether the present application warrants renewal of the letters of administration issued on the 9th day of February 2017 vide Nakawa Administration Cause No. 526 of 2010.
- Whether there is sufficient cause to warrant extension of time to file an updated inventory and an accountability out of time.
Orders
- The Letters of Administration for the estate of the late Evaristo Nnyanzi granted to the Applicants on the 9th day of February 2017 vide Nakawa Administration Cause No. 526 of 2010, that expired on the 31st May 2025 are hereby renewed for a further period as indicated in the renewed letters of administration.
- The Applicants are hereby ordered to file an inventory of the estate of the late Evaristo Nnyanzi clearly showing: Part A (deceased's details and administration information); Part B (properties forming part of the estate with status updates); Part C (credits of the deceased); Part D (debts of the deceased); Part E (list of beneficiaries with National IDs); Part F (proposed distribution with justification); Part G (property already distributed with proof).
- The said inventory and an accountability should be filed within thirty (30) days from the date of delivery of this Ruling.
Rules and key headnotes
Legislation cited (9)
- Judicature Act s.37
- Civil Procedure Act s.98
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
- Civil Procedure Rules O.52 r.3
- Succession Act Cap 268 s.337(2)
- Succession Act Cap 268 s.337(4)
- Succession Act Cap 268 s.256(3)
- Succession Act Cap 268 s.273(1)
Cases cited (6)
- Hallat Ndagire and Another v Muhammad Kasozi and Others (HCCS No. 40 of 2014)
- Molly Kyallikunda Turinawe and Others v Engineer Turinawe and Another (SCCA No. 27 of 2010)
- Mugo and Others v Wanjiru and Another [1970] EA 481
- The Registered Trustees of the Archdiocese of Dar es Salam V the Chairman Bunju Village Government & Ors
- Gideoo Mosa Onchwati v Kenya Oil Co. Ltd and Another [2014] KLR
- Huo Yan Fang v Dong Hoon Kim (HCCS No. 22 of 2018)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.