Wakilii

Flavia Zeija and Others v Henry Kamugisha and Others (Miscellaneous Application No. 4817 of 2025)

High Court · [2025] UGHCFD 121 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file inventory and account, and for renewal of letters of probate following death of co-executor
Decision
Application allowed; executors granted 60 days to file inventory and account, with renewed letters of probate to issue for two years upon compliance

Observed later treatment

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Holding

The court granted the application for extension of time to file inventory and account of an estate where executors had failed to comply with statutory timelines due to inadvertent mistake and death of a co-executor. The court found that the beneficiaries had consented to the application and it was in their best interest. Executors were granted 60 days to file inventory and account, after which renewed letters of probate would be issued for two years.

Outcome

Application allowed; executors granted 60 days to file inventory and account, with renewed letters of probate to issue for two years upon compliance

Facts

Letters of probate were granted to four executors on 29 November 2000 in respect of the estate of the late Gershom Kaihura. The executors managed the estate but failed to file the required inventory and account within the statutory six-month period. One of the co-executors, Baguma Crescent, died in a motor vehicle accident on 17 December 2015. The three surviving executors applied for extension of time to file the inventory and account, and for renewal of the letters of probate. The deceased was survived by his widow Veronica Kaihura and four children who are the beneficiaries. All beneficiaries consented to the application.

Issues

  1. Whether there is sufficient cause to warrant the grant of the application for extension of time to file inventory and account and for renewal of letters of probate.

Orders

  • The Applicants are granted leave to file an inventory and account of the estate of the Late Gershom Kaihura within 60 days from the date of this Ruling accounting for the period for which they had the Letters of Probate.
  • Upon satisfactorily complying with the above order, then renewed Letters of Probate shall be granted to the Applicants for a further period of two (2) years.
  • No order as to costs.

Rules and key headnotes

Extension of Letters of Probate — Conditions for Grant
Under Section 255(3) of the Succession Act, the court may extend the period of letters of probate where it is satisfied that it is in the best interest of the beneficiaries and the executor has complied with the provisions of the Act or obtained consent of all beneficiaries.
Inventory and Account — Extension of Time for Filing
Where executors have failed to file inventory and account within statutory timelines due to inadvertent mistake and death of a co-executor, and all beneficiaries consent, the court may grant extension of time to file the required documents.
Letters of Probate — Effect of Death of Co-Executor
The death of one co-executor does not automatically invalidate letters of probate granted to multiple executors, but surviving executors may apply for renewal of the grant to continue administration of the estate.

Legislation cited (15)

Full judgment

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Flavia Zeija and Others v Henry Kamugisha and Others (Miscellaneous Application No. 4817 of 2025) [2025] UGHCFD 121 (2 October 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.