Wakilii

Alex Sekalala and Another v Sekalala Micheal and Sekalala Moses (Miscellaneous Application No. 2533 of 2025)

High Court · [2025] UGHCFD 43 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of letters of administration and leave to file inventory out of time arising from Administration Cause No. 2220 of 2016
Decision
Application granted; letters of administration extended by two years; leave granted to file inventory out of time within ninety days

Observed later treatment

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Holding

The court granted the application to extend letters of administration for the estate of the late Sekalala Ditus Kibalama by two years and granted leave to file the inventory out of time. The court found sufficient cause for the delay, as one beneficiary had travelled out of the country, preventing timely distribution and filing. The letters of administration had expired by operation of law on 31 May 2025 before the applicants could complete their duties. The court applied Section 337(2) and (4) of the Succession Act and the test for sufficient cause from Mugo v Wanjiru.

Outcome

Application granted; letters of administration extended by two years; leave granted to file inventory out of time within ninety days

Facts

The late Sekalala Ditus Kibalama died on 30 July 1990 at Mubarak Makindye. Letters of administration were granted to the applicants on 14 January 2019 vide Administration Cause No. 2220 of 2016. The deceased was survived by four children: Alex Sekalala, Roger Sekalala, Michael Sekalala, and Daniel Sekalala. The estate comprised property in Makindye (the matrimonial home) and land at Kiboga. Following the grant, the applicants attempted to distribute the estate but one beneficiary had travelled out of the country. Upon the beneficiary's return, the estate was agreed to be shared equally with 25% shares each. The applicants managed to transfer certificates of title into the administrators' names but encountered difficulties in processing the certificates, making it impossible to file the required inventory within six months. By operation of the Succession Act amendments of 2022, letters of administration granted before 31 May 2022 expired on 31 May 2025. The letters expired before the applicants could file the inventory. All beneficiaries consented to the instant application.

Issues

  1. Whether leave should be granted to extend letters of administration for the estate of the late Sekalala Ditus Kibalama.
  2. Whether leave should be granted to the applicants to file an inventory and account of the deceased's estate out of time.

Orders

  • The application is allowed.
  • Letters of administration for the estate of the late Sekalala Ditus Kibalama issued vide Administration Cause No. 2220 of 2016 to the applicants are extended by two years effective 11 July 2025.
  • The applicants are granted leave to file the inventory vide Administration Cause No. 2220 of 2016 out of time.
  • The applicants are directed to file an updated inventory clearly showing: (a) the name of the deceased, date of death, Administration Cause number, date of issuance of 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 with certified documentary evidence for immoveable properties and descriptions for moveable properties, with status updates; (c) credits of the deceased; (d) debts of the deceased; (e) list of beneficiaries and their National IDs; (f) proposed distribution of properties among beneficiaries with justification including family minutes consenting to the proposed distribution; (g) for property already distributed, a list of properties distributed, to whom, justification, and proof of receipt.
  • The inventory shall be filed within ninety days from the date of this ruling.

Rules and key headnotes

Letters of Administration — Extension of Duration — Sufficient Cause
Under Section 337(4) of the Succession Act, the duration of a grant of probate or letters of administration may be extended for a reasonable period determined by court on application by the administrator. The court has discretion to grant an extension where the administrator establishes sufficient cause, such as circumstances beyond the administrator's control that prevented timely completion of estate administration.
Inventory — Extension of Time to File — Test for Sufficient Cause
An administrator who is unable to file an inventory within the prescribed six months under Section 273(1) of the Succession Act must apply to court for extension of time, stating reasons for the inability. The court must determine: (a) whether the applicant has established sufficient reasons for extension; (b) whether the applicant is guilty of dilatory conduct; and (c) whether any injustice will be caused if the application is not granted. The words 'sufficient cause' should receive a liberal construction to advance substantial justice where no negligence, inaction, or want of bona fides is imputed to the applicant.
Inventory — Contents and Requirements
An inventory filed by an administrator must contain: (a) the name of the deceased, date of death, Administration Cause number, date of issuance of letters of administration, names of administrator, and date of submission of inventory; (b) properties forming part of the deceased's estate at the date of death with certified documentary evidence for immoveable properties and descriptions for moveable properties, with status updates; (c) credits of the deceased; (d) debts of the deceased; (e) list of beneficiaries with National IDs; (f) proposed distribution of properties with justification including family minutes consenting to the distribution; and (g) for property already distributed, a list of properties distributed, to whom, justification, and proof of receipt.

Legislation cited (7)

Cases cited (5)

  • Hadijah Ndagire and Another v Muhammad Kasozi and Others (HCCS No. 40 of 2014)
  • Molly Kyalikunda Turinawe and Others v Engineer Ephraim Turinawe and Another (Supreme Court Civil Application 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
  • Gideon Mosa Onchwati v Kenya Oil Co. Ltd and Another [2017] KLR

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Alex Sekalala and Another v Sekalala Micheal and Sekalala Moses (Miscellaneous Application No. 2533 of 2025) [2025] UGHCFD 43 (11 July 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.