Bulya Hallen Nakaggwa v Kasozi Shafik and Another (Miscellaneous Application No. 7723 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where an administrator has not filed an inventory due to ongoing litigation to recover estate property fraudulently transferred, and the deceased left only one surviving beneficiary, the court may grant an extension of Letters of Administration conditional upon the administrator first filing an inventory and account within one month covering the period already held.
Outcome
Extension of Letters of Administration granted conditionally for a further period of two years upon filing of inventory and account within one month
Facts
The Applicant was granted Letters of Administration for her late father's estate on 19 December 2012 vide Administration Cause No. 987 of 2012. Upon obtaining the grant, she discovered that land comprised in Busiro Block 287 Plot 45 at Nabukalu-Mumyuka in Wakiso District forming part of the estate had been fraudulently transferred and registered in the name of one Resty Nasuuna. The Applicant filed Civil Suit No. 90 of 2018 in the High Court at Mpigi to recover the land, which was later transferred to the Family Division and then to the High Court at Wakiso where it remains pending. The Letters of Administration expired on 31 May 2025. The Applicant failed to file an inventory because she had not recovered the estate land. The deceased left two children, one of whom died, leaving the Applicant as the sole surviving beneficiary.
Issues
- Whether there is sufficient cause to warrant the grant of the application for extension of Letters of Administration and leave to file inventory out of time.
Orders
- Application allowed.
- The Applicant shall file an inventory and account of the estate of the Late Semu Apolo Kironde within one month from the date of this Ruling accounting for the period they had the Letters of Administration.
- Upon satisfactorily complying with the above orders, renewed Letters of Administration shall be granted to the Applicant for a further period of two (2) years in respect of the estate of the Late Semu Apolo Kironde.
- No order as to costs.
Rules and key headnotes
Legislation cited (9)
- Succession Act Cap. 268 s.256(3)
- Succession Act Cap. 268 s.256(2)
- Succession Act Cap. 268 s.256(4)
- Succession Act Cap. 268 s.273(1)
- Succession Act Cap. 268 s.212
- Succession Act Cap. 268 s.23(2)
- Civil Procedure Act Cap. 282 s.98
- Judicature Act Cap. 16 s.37
- Civil Procedure Rules SI 71-1 Order 52 Rules 1 and 3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.