In the matter of an application for renewal and extension of Letters of Administration to the Estate of the Late Namwanja Kakedo Cyrus [2025] UGHC 524
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where administrators of an estate demonstrate justifiable reasons for delay in finalizing administration due to challenges with surveying unsurveyed estate land occupied by bibanja holders, and where all beneficiaries except one have consented to the extension, sufficient cause exists under Section 337(4) and Section 256(3) of the Succession Act to grant renewal and extension of Letters of Administration for a further period of two years, subject to filing a final account within three weeks.
Outcome
Application granted with conditions — applicants must file final account within three weeks, after which renewed Letters of Administration will be issued for two years
Facts
Letters of Administration for the estate of the Late Namwanja Kakedo Cyrus were granted to three joint administrators on 19 June 2018. The administrators filed an inventory on 2 February 2021 but did not file a final account. The estate comprised unsurveyed land in Kyaggwe Block 37 Plots 3, 18, 20, 70, 30 occupied by bibanja holders who initially resisted surveyors attempting to open boundaries for processing certificates of title. By the time of the application, the bibanja holders and local authorities had embraced the surveying process, but it remained incomplete. Under the amended Succession Act, Letters of Administration granted before 10 April 2022 expired on 31 May 2025. The administrators obtained consent from all beneficiaries except one (residing in the United Kingdom, who was notified but did not respond) to apply for renewal and extension of the Letters and leave to file the final account out of time.
Issues
- Whether there is sufficient cause to warrant the grant of the application for renewal and extension of Letters of Administration and leave to file inventory and final account out of time.
Orders
- Application allowed.
- Applicants granted leave to file a final account for the estate of the Late Namwanja Kakedo Cyrus within three weeks from the date of this Ruling.
- Upon satisfactory compliance with the above order, renewed Letters of Administration shall be issued to the Applicants for a further period of two years in respect of the estate of the Late Namwanja Kakedo Cyrus.
Rules and key headnotes
Legislation cited (7)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.