Wakilii

In the matter of an application by Nasur Muhamad Drani, Rehema Drani and Sadam Hussein Abale for revocation of Letters of Administration (Miscellaneous Application No. 39 of 2023)

High Court · [2025] UGHC 866 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for revocation of Letters of Administration and grant to substitute administrator
Decision
Application dismissed as time-barred; applicants advised to seek extension of grant under section 337(4) of the Succession Act

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application as time-barred. Letters of Administration granted on 23 April 2006 remained valid only until 30 May 2025 under section 337(2) of the Succession Act. Since the application was determined in July 2025 after the grant had expired, the court could not revoke an inoperative grant. The applicants were advised to apply under section 337(4) to extend the grant.

Outcome

Application dismissed as time-barred; applicants advised to seek extension of grant under section 337(4) of the Succession Act

Facts

Letters of Administration to the estate of the late Haji Muhammad Nasser Drani were granted to Akute Khamis Hassan, Nasur Mahamad Drani, and Rehema Drani on 23 April 2006. Akute Khamis Hassan died on 14 May 2018. The surviving administrators renounced their interest and sought to have the grant revoked and instead granted to Saddam Hussein Abale. The application was filed on 11 April 2023 but was only determined in July 2025. Under section 337(2) of the Succession Act, grants issued before 31 May 2022 remained valid only until 30 May 2025. By the time of determination, the grant had expired.

Issues

  1. Whether the court should revoke Letters of Administration granted in 2006 and grant them instead to a substitute administrator.
  2. Whether the application is time-barred given the expiry of the grant under section 337(2) of the Succession Act.

Orders

  • Application dismissed as time-barred.
  • No order as to costs.
  • Applicants advised to apply under section 337(4) of the Succession Act to extend the grant.

Rules and key headnotes

Letters of Administration — Validity Period — Transitional Provisions
Under section 337(2) of the Succession Act Cap. 268, a grant of probate or letters of administration issued before 31 May 2022 remains in force for a period of three years from 31 May 2022, expiring on 30 May 2025.
Letters of Administration — Revocation — Time-Barred Applications
An application to revoke Letters of Administration that have already expired by operation of law is time-barred, as the court cannot revoke a grant that is no longer operative.
Letters of Administration — Extension of Grant — Section 337(4)
Where a grant of Letters of Administration has expired under section 337(2) of the Succession Act, administrators may apply to the court under section 337(4) to extend the grant for a reasonable time.

Legislation cited (5)

Full judgment

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In the matter of an application by Nasur Muhamad Drani, Rehema Drani and Sadam Hussein Abale for revocation of Letters of Administration (Miscellaneous Application No. 39 of 2023) [2025] UGHC 866 (25 July 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.