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 Another (Miscellaneous Application No. 0040 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that administrators who were granted Letters of Administration on 23 August 2023 had sufficient cause for failing to file inventory and accounts within prescribed time where they were conducting company share transmission to enable distribution. Time extended to file inventory and final accounts where administrators completed distribution by April 2025, filed application in May 2025, and all beneficiaries consented.
Outcome
Application granted; time extended for filing inventory and final accounts which were validated and endorsed by the court.
Facts
Florence Aleso and Apiso Gloria were granted Letters of Administration to the estate of the late Emau Jimmy on 23 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 share transmission. Distribution of assets was completed in 2025 and the company held its first Annual General Meeting on 2 May 2025. All assets had been collected and distributed and all known debts settled by the time of the application filed on 6 May 2025. All beneficiaries consented to the application for extension of time.
Issues
- Whether the applicants established sufficient cause for their failure to file the inventory and final accounts within the prescribed time.
- Whether the applicants were guilty of dilatory conduct in the administration of the estate.
- Whether any injustice would be occasioned to the beneficiaries by granting the extension of time.
Orders
- Time for the administrators of the estate of the late Emau Jimmy to file the inventory and final accounts extended beyond the time prescribed in the Letters of Administration granted on 23rd August 2023.
- The inventory and final accounts attached to the application are validated and are to be endorsed by the court.
- The costs of the application are 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 rule 6
- Civil Procedure Rules Order 51 rule 7
- Civil Procedure Rules Order 52 rule 1
- Civil Procedure Rules Order 52 rule 3
- Succession Act Cap 268 s.256
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.