Damalie Ssali and Others v Andrew Ssentongo Ssali and Others (Miscellaneous Application 7144 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 extend Letters of Administration for a further two years to the 2nd and 3rd applicants only, relieving the 1st applicant due to advanced age and ill health. The court validated the inventory filed out of time and granted leave to file an account within one month. The extension was justified by incomplete administration, consent of beneficiaries, and the best interests of the estate.
Outcome
Application allowed; Letters of Administration extended to 2nd and 3rd applicants for two years; 1st applicant relieved of duties
Facts
Letters of Administration for the estate of the Late Fred Ssali were granted to three administrators on 17 March 2008. An inventory was filed on 18 October 2010, outside the statutory six-month period. No final account was filed. The estate administration remained incomplete, with properties still to be traced and transferred, including land at Kyebando held by the Custodian Board and bibanja transfers at Nakasejere. The deceased's gratuity from the Ministry of Public Service had not been claimed. The 1st applicant, aged 92 and in ill health, was unable to continue her duties. All surviving beneficiaries except one untraceable person consented to the application. Four beneficiaries had died since the grant.
Issues
- Whether there is sufficient cause to warrant the grant of this Application?
Orders
- The inventory filed out of time on 18th October 2010 is validated and received on record with leave of Court, and shall be deemed to have been duly filed.
- Leave is granted to the Applicants to file an account of the estate of the Late Fred Ssali 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 2nd and 3rd Applicants for a further period of two (2) years in respect of the estate of the Late Fred Ssali.
- No order as to costs.
Rules and key headnotes
Legislation cited (9)
- Succession Act Cap. 268 s.256(2)
- Succession Act Cap. 268 s.256(3)
- Succession Act Cap. 268 s.256(4)
- Succession Act Cap. 268 s.273(1)
- Succession Act Cap. 268 s.337(1)
- Succession Act Cap. 268 s.212
- Succession Act Cap. 268 s.23(2)
- Civil Procedure Act Cap. 282 s.98
- 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.