In the matter of an application for leave to petition for Letters of Administration by John Robert Kennedy Mutatwala [2026] UGHCFD 82

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that although section 240(2) of the Succession Act requires a petition for probate to be made within one year of the testator's death, the court retains discretion under sections 96 and 98 of the Civil Procedure Act and Order 51 Rule 6 of the Civil Procedure Rules to enlarge that time where sufficient cause is shown. The applicant, executor and son of the deceased, satisfactorily explained the delay by reference to being overwhelmed by the successive deaths of his mother and sister and the exorbitant medical bills that left the family without funds to petition on time. Sufficient cause having been established, the application was allowed and leave granted, with no order as to costs.

Outcome

Leave granted to the applicant to file a petition for letters of probate out of time

Facts

The deceased, Emirina Nanziri, died testate on 3 July 2021 at Mulago Hospital from COVID-19. She had left a will dated 4 April 2018 appointing the applicant, her son, as executor of her estate. Shortly before her death she had been caring for her daughter, Ms. Harriet Bayigga, who had been admitted to the same hospital, contracted COVID-19 and also died. The family was overwhelmed by the medical bills that accrued during both admissions to intensive care. Because of insufficient funds, the applicant was unable to petition the court for a grant of letters of probate within one year of the testator's death as required by section 240(2) of the Succession Act. He therefore applied for leave to petition out of time, explaining the delay by reference to the family bereavements and the financial burden of the medical expenses.

Issues

1. Whether there is sufficient cause to warrant granting the applicant leave to petition for a grant of letters of probate outside the one-year period prescribed by section 240(2) of the Succession Act.

Orders

• This Application is allowed.
• The Applicant is granted leave to file a Petition for Probate in respect of the estate of the Late Emirina Nanziri.
• No order as to costs.

Rules and key headnotes

Legislation cited (5)

• Succession Act Cap 268 s.240(2)
• Civil Procedure Act Cap 282 s.96
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules SI 71-1 Order 52 Rules 1 and 3
• Civil Procedure Rules SI 71-1 Order 51 Rule 6

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