In the Matter of an Application for Leave of Court to file an Inventory and Account out of time By Kasula William Majanja (Miscellaneous Application No. 2286 of 2025)
Observed later treatment
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Holding
An administrator granted letters of administration in October 2024 applied for leave to file an inventory out of time. The court held that the delay was justified by pending land title processing and negotiations with squatters on estate property. The court granted leave, emphasising that the primary purpose of an inventory is to establish what the estate consists of, not to show completed distribution. The administrator was given 30 days to file the inventory showing property details, credits, debts, beneficiaries, and proposed distribution.
Outcome
Administrator granted leave to file inventory and accountability within 30 days
Facts
Letters of Administration for the estate of the late Bafirawala Aligizanda were granted to Kasula William Majanja on 31 October 2024. The administrator was required to file an inventory within six months from the grant but did not do so. The administrator applied for leave to file out of time, citing pending land title processing and ongoing negotiations between beneficiaries and squatters on estate property. The administrator attached a draft inventory showing willingness to fulfill obligations. Only approximately three months had passed since the statutory deadline expired.
Issues
- Whether there is sufficient cause to warrant leave of court to file the inventory out of time.
Orders
- Application successful.
- Administrator granted leave to file inventory out of time showing: Part A (deceased's details, administration details); Part B (properties with documentary evidence and status); Part C (credits); Part D (debts); Part E (beneficiaries and IDs); Part F (proposed distribution with family minutes); Part G (property already distributed with proof).
- Inventory and accountability to be filed within thirty (30) days from date of ruling.
- No order as to costs.
Rules and key headnotes
Legislation cited (5)
Cases cited (6)
- Hajjat Ndagire and Another v Muhammad Kasozi and Others (High Court Civil Suit No. 40 of 2014)
- Molly Kyallikunda Turinawe and Others v Engineer Turinawe and Another (Supreme Court Civil Appeal No. 27 of 2010)
- Mugo and ors vs Wanjiru & another [1970] EA 481
- The Registered Trustees of the Archdiocese of Dar es Salam V the Chairman Bunju Village Government & Ors
- Gideon Mosa Onchwati V Kenya Oil Co. Ltd & Anor [2017] KLR
- Huo Yan Fang v Dong Hoon Kim (High Court Civil Suit No. 22 of 2018)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.