Wakilii

In the matter of an application for leave to extend the letters of administration and filing of an inventory out of time in the Estate of the Late Tenywa Moses (Misc.Appln No 100 of 2025)

High Court · [2025] UGHC 509 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to extend time to file inventory in administration proceedings
Decision
Application granted with directions for filing inventory and final account within specified timeframes

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the applicants leave to file an inventory out of time in the estate of the late Tenywa Moses. The court found that the delay was caused by processes relating to the deceased's pension which had not been paid and was beyond the applicants' control. The court held that where an administrator is unable to file an inventory within the statutory six-month period, the court may exercise its discretion to extend time if the reasons for delay are sufficient and convincing and not due to negligence.

Outcome

Application granted with directions for filing inventory and final account within specified timeframes

Facts

Isabirye Anthony and Wagubi Anedi were granted Letters of Probate on 10 September 2018 to administer the estate of the late Tenywa Moses under Administration Cause No. 025 of 2017. The statutory six-month period for filing an inventory expired without compliance. The applicants stated that the deceased had distributed property among family members before his death, and that only pension money remained in the bank. The applicants were unable to file the inventory within time because they were dealing with processes relating to the deceased's pension which had not been paid. The bank required the inventory to be filed before the pension could be accessed. The applicants sought leave to file the inventory out of time to enable them to access the pension and distribute it to beneficiaries.

Issues

  1. Whether the applicants should be granted leave to file an inventory out of time in Administration Cause No. 25 of 2017.
  2. Whether the reasons advanced by the applicants for the delay in filing the inventory constitute sufficient cause.

Orders

  • The applicants are granted leave to file the inventory out of time.
  • The applicants are directed to file an inventory with the court within 30 days from the date of this ruling.
  • The applicants are directed to file a final account with the court within 60 days from the date of this ruling.

Rules and key headnotes

Succession & Estates — Inventory — Extension of Time — Sufficient Cause
Where an administrator is unable to file an inventory within the statutory six-month period prescribed by section 273(1) of the Succession Act, the administrator is duty bound to apply to the court which issued the grant for extension of time, stating the reasons for inability to perform the required task within the prescribed period. The court, if persuaded by the administrator's grounds for extension of time, may grant the application.
Succession & Estates — Inventory — Extension of Time — Test for Sufficient Cause
In determining whether to grant an extension of time to file an inventory, the court must consider whether the applicant's reasons for failure to file within the statutory timeframe are sufficient and convincing. The reason for the delay must be beyond the control of the administrator and not due to negligence or unreasonable delay.
Civil Procedure — Extension of Time — Inherent Powers of Court
The court has inherent power under section 98 of the Civil Procedure Act and Order 51 rule 6 of the Civil Procedure Rules to enlarge time fixed for doing any act where a limited time has been fixed, upon such terms as the justice of the case may require, and to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.

Legislation cited (5)

Cases cited (4)

  • Hajati Ndagire v Muhamed Kasozi & Others (HCCS No. 40 of 2014)
  • Nansubuga Lubowa v Nalwoga Allen & Others (Misc. Application No. 11 of 2024)
  • The Registered Trustees of the Archdiocese of Dar es salm Vs The Chairman Bunju Village Gove & Others
  • Gideon Mosa Onchwatu v Kenya Oil Co. Ltd & Another [2017] KLR

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In the matter of an application for leave to extend the letters of administration and filing of an inventory out of time in the Estate of the Late Tenywa Moses (Misc.Appln No 100 of 2025) [2025] UGHC 509 (25 April 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.