Buzabo Conrad and Others v Bernardine Buzabo and Others (Miscellaneous Application No. 4043 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted the application for renewal and extension of letters of administration for two years from the date of the ruling and granted leave to file the inventory out of time. The court held that despite the application being filed after the letters had expired, it should be entertained in the interest of justice under Section 34(3) of the Interpretation Act. The applicants satisfied the requirements of Section 256(3) of the Succession Act by demonstrating that extension was in the best interest of beneficiaries and that all beneficiaries consented. The court found sufficient cause for the delay in filing the inventory, as the applicants were still processing special certificates for lost titles.

Outcome

Application granted; letters of administration extended for two years; leave granted to file inventory out of time

Facts

Bernard Makomba Buzabo died on 20 December 1985. Initial letters of administration were granted on 10 September 1986 to four administrators. These were revoked on 29 August 2022 by Justice Ketra Kitariisibwa Katunguka, who granted fresh letters of administration to the applicants (four children of the deceased) on 29 September 2022. The applicants did not file an inventory within the statutory six-month period. The letters of administration expired by operation of law on 29 September 2024 (two years after grant, per the 2022 amendment to the Succession Act). The applicants filed this application on 16 July 2025, after expiry. They explained that the original title to property in Mwizi, Rwampara was lost and they only completed processing special certificates on 17 April 2025. All eight beneficiaries of the estate consented to the application for renewal and extension.

Issues

1. Whether the applicants have grounds for the extension of letters of administration granted on 29 September 2022 vide Administration Cause No. 0136 of 1986.
2. Whether the application contains grounds for the applicant to be granted leave and extension of time to file an inventory and final account in Administration Cause No. 0136 of 1986.

Orders

• The application is granted.
• The Letters of Administration of the Estate of Late Bernard Makomba Buzabo issued vide Administrative Cause No. 0136 of 1986 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. 0136 of 1986 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 probate; Names of executors; 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 and their National IDs; (f) Proposed distribution of properties among the beneficiaries with justification; (g) For property already distributed, a list of properties distributed and to whom with justification and proof.
• The said inventory should be filed within six months from the date of this Ruling.

Rules and key headnotes

Legislation cited (13)

• Succession Act Cap 268 s.273(1)
• Succession Act Cap 268 s.273(2)
• Succession Act Cap 268 s.273(3)
• Succession Act Cap 268 s.256(2)
• Succession Act Cap 268 s.256(3)
• Succession Act Cap 268 s.176
• Succession Act Cap 268 s.188
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Act Cap 282 s.96
• Judicature Act Cap 16 s.37
• Civil Procedure Rules SI 71-1 Order 52 rules 1, 2 and 3
• Civil Procedure Rules Order 15 rule 5
• Interpretation Act Cap 2 s.34(3)

Cases cited (7)

• Re Estate of the Late Atwiine Sharon (Miscellaneous Application No. 81 of 2023)
• Abubaker Sebalamu Ganya v Yasmin Nalwoga (Civil Appeal No. 14 of 2017)
• 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 v 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.