In the Matter of An Application for extension of time to file an inventory and final accounts in respect to the estate of the deceased by Aleso and An(2)
Observed later treatment
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Holding
The High Court granted an ex parte application to extend time for filing inventory and final accounts in a succession matter. The court held that the administrators established sufficient cause for the delay where they were engaged in collecting estate assets including company shares requiring transmission proceedings, completed distribution in 2025, and obtained consent from all beneficiaries. The administrators were not guilty of dilatory conduct as they filed the application promptly after completing distribution in April 2025.
Outcome
Application granted with inventory and final accounts validated
Facts
Florence Aleso and Apiso Gloria were granted Letters of Administration to the estate of Emau Jimmy on 23rd August 2023. They were directed to file an inventory within six months and final accounts within one year. The administrators embarked on collecting estate assets including company shares, which necessitated filing a company cause to conduct transmission of shares. Distribution of assets was completed in 2025, with the first Annual General Meeting held on 2nd May 2025. All assets had been collected and distributed, and all known debts settled. All beneficiaries consented to the application. The application was filed on 6th May 2025 seeking extension of time to file the inventory and final accounts, which had not been filed within the prescribed periods.
Issues
- Whether the applicants established sufficient cause for failing to file the inventory and final accounts within the prescribed time.
- Whether the applicants were guilty of dilatory conduct.
- Whether extension of time would occasion injustice to any beneficiaries.
Orders
- Time within which to file inventory and final accounts in respect to the estate of the late Emau Jimmy extended beyond the time prescribed in the Letters of Administration granted on 23rd August 2023.
- The inventory and final accounts attached to the application validated and endorsed by the court.
- Costs of the application to be met by the applicants.
Rules and key headnotes
Legislation cited (10)
- Judicature Act s.37
- Succession (Amendment) Act Cap 162 s.258(2)
- Succession (Amendment) Act Cap 162 s.258(3)
- Civil Procedure Act s.96
- Civil Procedure Act s.98
- Civil Procedure Rules Order 51 r.6
- Civil Procedure Rules Order 51 r.7
- Civil Procedure Rules Order 52 r.1
- Civil Procedure Rules Order 52 r.3
- Succession Act Cap 268 s.256
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.