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 Ten(2)

High Court · [2025] UGHCFD 100 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 out of time 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 leave to the administrators to file an inventory out of time under Succession Act s.273(1). The court accepted that delays in processing the deceased's pension constituted sufficient cause beyond the administrators' control. The delay was not attributable to negligence or unreasonable delay by the administrators, who were required to wait for pension payment before completing the inventory.

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 deceased, formerly a resident of Wankole Buwumbe LC village, Kamuli District, had distributed property among family members before his death. The statutory six-month period for filing an inventory expired without compliance. The administrators were in the process of accessing the deceased's pension from the bank but were informed that the Letters of Administration needed to be extended. The pension had not been paid during the statutory period, preventing completion of the inventory. The only remaining estate asset was the pension money held in the bank, which could not be accessed until an inventory was filed.

Issues

  1. Whether the applicants should be granted leave to file an inventory out of time in the estate of the late Tenywa Moses.

Orders

  • Application allowed.
  • Applicants granted leave to file the inventory out of time.
  • Applicants directed to file an inventory within 30 days from the date of this ruling.
  • Applicants directed to file a final account within 60 days from the date of this ruling.

Rules and key headnotes

Succession & Estates — Administration of Estates — Filing of Inventory — Extension of Time
Under Succession Act s.273(1), an administrator must file an inventory within six months from the grant of letters of administration, but the court has discretion to extend this time upon application stating reasons for inability to comply within the prescribed period.
Civil Procedure — Extension of Time — Sufficient Cause — Delays Beyond Applicant's Control
When determining whether to grant an extension of time to file an inventory, the court must be satisfied that the reasons for delay constitute sufficient cause, meaning the delay was beyond the administrator's control and not due to negligence or unreasonable delay.
Succession & Estates — Administration of Estates — Delays in Pension Payment as Sufficient Cause
Delays in processing a deceased person's pension that prevent completion of an estate inventory constitute sufficient cause for an extension of time where the administrator has no control over the pension payment process.

Legislation cited (8)

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 Ten(2)
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.