Bulega Muhamad and Others v Jagwe Ahamad and Others (Miscellaneous Application No.3740 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that letters of administration granted before 31 May 2022 may be extended beyond their statutory three-year validity period where sufficient cause is shown. Pending litigation affecting estate property and beneficiary consent constitute sufficient cause. The court applied Section 34(3) of the Interpretation Act to entertain the application filed after expiry of the grant, holding that succession matters require liberal construction to advance justice. Leave to file inventory out of time was granted where delay was beyond the administrators' control.

Outcome

Letters of administration extended for two years; applicants granted leave to file inventory out of time within six months

Facts

Ali Nsimbe Kikuno died on 24 December 1966. Letters of administration were first granted to Asuman Ddamulira in 1969, then revoked and granted to Shaban Zizinga and Mustapha Muyingo. After their deaths, letters were granted to Hanifa Nassuna, which were challenged in Civil Suit No. 134 of 2012. Following a consent judgment in that suit, letters were granted to the applicants on 24 November 2014 via Administration Cause No. 672 of 2011. The letters expired by operation of law on 31 May 2025 under Section 337(2) of the Succession Act before the applicants could file the required inventory. Distribution of the estate remained incomplete due to four pending court disputes involving estate property. The beneficiaries consented to the extension application. The applicants sought to remove the 4th applicant (Nassuna Hanifa) as co-administrator on grounds of illness but provided no evidence.

Issues

1. Whether there is sufficient reason for extension of time of the letters of administration granted to the applicants in respect of the estate of the late Ali Nsimbe Kikuno vide Administration Cause No. 672 of 2011?
2. Whether the court can extend time to the applicants to file an inventory and final account of the estate of the late Ali Nsimbe Kikuno?

Orders

• Application allowed.
• Letters of Administration for the Estate of Late Ali Nsimbe Kikuuno issued via Administrative Cause No. 672 of 2011 to the applicants are hereby extended for a period of two years from the date of this ruling.
• The Applicants are granted leave to file the inventory vide Administration Cause No. 672 of 2011 out of time.
• The Applicants are directed to file the updated inventory clearly showing: (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 with certified documentary evidence; (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; (g) For property already distributed, a list of properties distributed and to whom.
• The said inventory should be filed within six months from the date of receipt of this Ruling.
• The 4th applicant remains as co-administrator (application to remove dismissed for failure to discharge evidentiary burden).

Rules and key headnotes

Legislation cited (11)

• Succession Act s.337(2)
• Succession Act s.337(4)
• Civil Procedure Act s.98
• Judicature Act s.37
• Civil Procedure Rules O.52 r.1
• Civil Procedure Rules O.52 r.2
• Civil Procedure Rules O.52 r.3
• Succession Act s.273(1)
• Succession Act s.176
• Succession Act s.188
• Interpretation Act s.34(3)

Cases cited (5)

• Hadijah Ndagire and Another v Muhammad Kasozi and Others (High Court Civil Suit No. 40 of 2014)
• Molly Kyalikunda Turinawe and Others v Engineer Ephraim Turinawe and Another (Supreme Court Civil Appeal No. 27 of 2010)
• Mugo and Others v Wanjiru and Another [1970] EA 481
• The Registered Trustees of the Archdiocese of Dar es Salam versus the Chairman Bunju Village Government & Ors
• Gideon Mosa Onchwati v Kenya Oil Co. Ltd and Another [2017] KLR

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