Wakilii

In an application for extension of time within which to file an inventory by Donald Mugimba and Ruth Mugimba both administrators of the estate of the(2)

High Court · [2024] UGHC 42 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file an inventory of the estate of the late Frida Mugimba
Decision
Extension of time granted; Applicants to file inventory within 60 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the Applicants' delay in filing the inventory was excusable due to the COVID-19 lockdowns imposed between March 2020 and May 2023, which constrained movement and access to the deceased's estate. The court exercised its discretion under Section 278(1) of the Succession Act and granted the extension, emphasising that substantive justice should not be stifled by inflexible application of time limits where there are reasonable grounds for delay.

Outcome

Extension of time granted; Applicants to file inventory within 60 days

Facts

Donald Mugimba and Ruth Mugimba were granted Letters of Administration for the estate of the late Frida Mugimba on 23 September 2019. Under Section 278(1) of the Succession Act, they were required to file an inventory of the estate within six months. However, they did not file the inventory within the statutory period. On 28 December 2023, approximately four years after the grant, they applied for an extension of time to file the inventory. The Applicants attributed the delay to the COVID-19 pandemic and related lockdowns that restricted movement and access to the deceased's properties. The first lockdown commenced on 18 March 2020, lasting three weeks, followed by subsequent restrictions through 26 May 2023. During this period, the Applicants contended they were unable to access and inventory the deceased's estate.

Issues

  1. Whether the court should grant the Applicants an extension of time within which to file an inventory of the deceased's estate under Section 278(1) of the Succession Act.
  2. Whether the delay by the Applicants in filing the inventory was excusable or inexcusable.

Orders

  • Application allowed.
  • The Applicants/Administrators are granted an extension of time to file a complete and accurate inventory of the estate of the late Frida Mugimba.
  • The Applicants shall file the inventory within sixty (60) days from the date of this order.
  • No order as to costs.

Rules and key headnotes

Succession & Estates — Inventory — Time Limit for Filing — Section 278(1) Succession Act
The time period of six months within which an administrator must file an inventory under Section 278(1) of the Succession Act is mandatory and must be adhered to strictly, but the court has discretion to grant an extension of time where good cause is shown.
Succession & Estates — Failure to File Inventory — Just Cause for Revocation of Grant
Failure to file an inventory within the prescribed time is a just cause for revocation of a grant of letters of administration under Section 234 of the Succession Act.
Civil Procedure — Extension of Time — Excusable Delay — COVID-19 Lockdowns
Where delay in complying with a statutory time limit is caused by circumstances beyond the party's control, such as government-imposed lockdowns restricting movement and access to property, such delay may be excusable and justify the grant of an extension of time.
Administrative Law — Judicial Discretion — Overriding Objective — Substantive Justice
Under Article 126(2)(e) of the Constitution and the overriding objective principle, courts have inherent powers to ensure that substantive justice is not stifled by inflexible or technical application of procedural time limits, and the interest of justice may warrant the grant of an extension notwithstanding delay.

Legislation cited (4)

Cases cited (7)

  • Hadijah Ndagire and Another v Mohammad Kasozi and Others (Civil Suit No. 40 of 2014)
  • Rebecca Nabukalu and Another v Patrick Mukisa (Civil Suit No. 29 of 2016)
  • James Semusambwa v Rebecca Mulira (Court of Appeal Civil Appeal No. 1 of 1999)
  • Sir Alfred McAlpine & Sons Ltd vs UBL (1988-90) HCB 131
  • Sir Alfred McAlpine & Sons (1968) 2 QB 229
  • Lucas v Marisa Short and Berko (Court of Appeal Civil Appeal No. 25 of 1996)
  • In Re Application for Prohibition, Certiorari, Injunction and Consolidated Orders by Mustapha Ramathan v Uganda Revenue Authority (Civil Appeal of 2000)

Full judgment

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In an application for extension of time within which to file an inventory by Donald Mugimba and Ruth Mugimba both administrators of the estate of the(2)
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.