Wakilii

In the Matter of an Application for leave to file an inventory out of time by Baija and 4 Others (HCT-05-FD-MA 71 of 2024)

High Court · [2024] UGHC 792 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file inventory out of time in succession matter
Decision
Applicants granted leave to file inventory out of the statutory timeframe

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted the applicants leave to file an inventory out of time. The court held that administrators who fail to file an inventory within six months of grant of letters of administration must apply to court for an extension of time. The reason advanced — that the applicants were still realizing estate assets — constituted sufficient cause to invoke the court's discretion under section 37 of the Judicature Act to extend time.

Outcome

Applicants granted leave to file inventory out of the statutory timeframe

Facts

The applicants were appointed administrators of the estate of the late Baija Jennifer on 17 August 2022. Under section 273(1) of the Succession Act, they were required to file an inventory within six months of the grant. The applicants failed to file within the statutory period. They subsequently applied for leave to file the inventory out of time, stating that they had been engaged in discovering and realizing the assets of the estate and had now completed that process. They attached the intended inventory to their application.

Issues

  1. Whether there are sufficient grounds for leave to be granted to the Applicants to file the inventory in the estate of the late Baija Jennifer out of the required time.

Orders

  • Application granted.
  • Applicants granted leave to file inventory out of time.
  • Costs of the application to be borne by the estate of the late Baija Jennifer.

Rules and key headnotes

Succession & Estates — Inventory and Accounts — Statutory Duty to File Inventory Within Six Months
Section 273(1) of the Succession Act Cap 268 requires an executor or administrator to file an inventory within six months from the grant of probate or letters of administration, and an account within one year.
Succession & Estates — Inventory and Accounts — Time Sensitivity of Obligation
The filing of an inventory is a time-sensitive obligation on administrators of the estate of a deceased person, and the inventory must contain a full and true estimate of all property and how it was distributed.
Civil Procedure — Extension of Time — Succession Matters
Where an administrator fails to file an inventory within the statutory period, the administrator must apply to the court that granted the letters of administration for an extension of time. An inventory filed out of time without obtaining a court order is illegal.
Civil Procedure — Extension of Time — Test for Granting Extension
Courts have inherent power under section 37 of the Judicature Act to extend time within which to file an inventory. The court will exercise its discretion to grant an extension where the applicant's reasons for failure to file within the statutory timeframe are sufficient and convincing.
Succession & Estates — Extension of Time to File Inventory — Realization of Assets as Sufficient Cause
The fact that administrators were engaged in discovering and realizing the assets of the estate constitutes sufficient cause to justify the court exercising its discretion to extend time to file an inventory.

Legislation cited (2)

Cases cited (2)

  • In the Matter of the Estate of the Late Atwiine Sharon (HCMA 81 of 2023)
  • Abubaker Sebalamu Ganya v Yasmin Nalwoga (Supreme Court Civil Appeal No. 14 of 2017)

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 file an inventory out of time by Baija and 4 Others (HCT-05-FD-MA 71 of 2024) [2024] UGHC 792 (28 August
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.