In the matter of an Application for renewal extension of Letters of Administration by Rezia Cloafes Shantti [2026] UGHCFD 81
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Holding
The court considered whether an administrator had shown sufficient cause for an extension of letters of administration and leave to file an inventory and account out of time under the Succession Act, given her failure to obtain the consent of all beneficiaries as required by s.256(3)(b)(ii). The court held that the consent requirement is not intended to render administration impossible where beneficiaries cannot be traced despite reasonable efforts and there is no bad faith. Satisfied that the applicant could not locate three beneficiaries and had explained the delay on oath, and invoking s.98 of the Civil Procedure Act, the court found it in the estate's best interests to allow the application.
Outcome
Application allowed; leave granted to file the inventory and account within one month, with extended letters of administration to issue for a further two years upon compliance.
Facts
Letters of administration for the estate of the Late Nalumansi Aisha Zalwango were granted to the applicant, Rezia Cloafes Shantti, on 21 June 2024 vide Administration Cause No. 992 of 2023. The grant recently exceeded the statutory two-year validity period and required renewal or extension. The applicant had not filed an inventory and account within the timelines under s.273(1) of the Succession Act, attributing the delay to financial constraints and lack of knowledge of her obligations. Section 256(3)(b)(ii) requires an applicant seeking extension to obtain the consent of all beneficiaries. By a statutory declaration and oral explanation in court, the applicant stated that since obtaining the grant she had neither seen nor heard from three surviving beneficiaries — Nagujja Sarah, Hadijah and Musa — did not know their whereabouts and had no means of contacting them, and so could not obtain their consents. There was no material suggesting deliberate failure, refusal, or bad faith on her part.
Issues
- Whether there is sufficient cause to warrant the grant of an extension of letters of administration and leave to file an inventory and account out of time.
Orders
- The Applicant is granted leave to file an inventory and account of the estate of the Late Nalumansi Aisha Zalwango within one month from the date of the Ruling, accounting for the period she has administered the estate.
- Upon satisfactory compliance with the above order, extended Letters of Administration in respect of the estate shall be issued to the Applicant for a further period of two years to enable her conclude the administration of the estate.
- No order as to costs.
Rules and key headnotes
Legislation cited (10)
- Succession Act, Cap. 268 s.256
- Succession Act, Cap. 268 s.256(2)
- Succession Act, Cap. 268 s.256(3)
- Succession Act, Cap. 268 s.256(4)
- Succession Act, Cap. 268 s.273(1)
- Succession Act, Cap. 268 s.337
- Succession Act, Cap. 268 s.212
- Succession Act, Cap. 268 s.23(2)
- Civil Procedure Act, Cap. 282 s.98
- Civil Procedure Rules, S.I. 71-1 Order 52 rr.1, 2 and 3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.