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In the matter of application for extension of probate by Karugaba and Others (HCT-01-CV-MA-0071-2025)

High Court · [2025] UGHC 776 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of probate arising from HCT-01-CV-AC-0004 of 2013
Decision
Application granted; probate extended for two years to enable completion of estate administration

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Holding

The High Court allowed an oral amendment to the Notice of Motion to include prayers for validation of the inventory. The court validated the inventory filed on 10 July 2025, finding sufficient cause for the delay due to bureaucratic challenges in managing a complex estate with international assets. The court extended the grant of probate for a further two years from the date of the ruling, finding that all statutory conditions under Section 255(3) and Section 337(4) of the Succession Act were satisfied, including beneficiary consent and compliance with statutory requirements.

Outcome

Application granted; probate extended for two years to enable completion of estate administration

Facts

The late Reuben Karugaba died having appointed five executors in his will. Probate was granted on 24 April 2013. The estate comprised substantial assets including bank accounts in Uganda, England, and Kenya, company shares in four companies, insurance policies, and multiple immovable properties in Kampala, Fort Portal, and other areas. Administration remained incomplete due to delays in transferring four properties and certain bank accounts to beneficiaries. The executors attributed delays to bureaucratic and technical challenges in ascertaining and harmonizing foreign bank accounts outside the court's jurisdiction, and to procedural oversight in filing the inventory. The probate was set to expire on 31 May 2025 under Section 337(2) of the Succession Act. All six beneficiaries consented to the extension. The executors had resealed the probate in London to manage foreign assets.

Issues

  1. Whether the oral amendment to the Notice of Motion should be allowed.
  2. Whether there is sufficient cause to grant an extension of time to file the inventory or validate the one already filed.
  3. Whether the grant of probate should be extended, and if so, for what period.

Orders

  • The inventory filed by the Applicants on 10th July 2025, is hereby validated.
  • The grant of probate issued to Naomi Karugaba, Solomon Nyakahuma, Kenneth Kyamulesire, Joy Karake, and Japheth Kato on 24th April 2013, in respect of the estate of the late Reuben Karugaba, is renewed and extended for a further period of two (2) years from the date of delivery of this Ruling.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Oral Amendment — Discretion of Court
The court may allow oral amendment of pleadings at any stage of proceedings under Order 6 Rule 19 of the Civil Procedure Rules where the amendment causes no injustice to the other party and is necessary for determining the real questions in controversy between the parties.
Succession & Estates — Inventory and Account — Extension of Time to File — Sufficient Cause
Under Section 273(1) of the Succession Act, the court has discretion to extend the time for filing an inventory where the applicant demonstrates sufficient cause, including complexities in tracing foreign assets, absence of intentional delay or negligence, and no injustice to beneficiaries.
Succession & Estates — Inventory — Filing Out of Time — Validation by Court
An inventory filed out of time without leave of court is illegal and a nullity, but the court may retrospectively validate such an inventory where sufficient cause is shown and the validation is necessary for proper administration of the estate.
Succession & Estates — Extension of Probate — Applicable Statutory Provision — Transitional Provisions
For grants of probate issued before 31 May 2022, the applicable provision for extension is Section 337(4) of the Succession Act, not Section 255(3), though the conditions in Section 255(3) serve as a reference for the court's consideration.
Succession & Estates — Extension of Probate — Conditions for Grant — Best Interest of Beneficiaries
The court may extend a grant of probate where it is in the best interest of beneficiaries, the executor has complied with statutory provisions or conditions of the grant, and all beneficiaries have consented to the extension.
Succession & Estates — Extension of Probate — Reasonable Period — Determination by Court
In determining a reasonable period for extension of probate under Section 337(4) of the Succession Act, the court considers the nature and complexity of remaining tasks, including property transfers involving multiple government agencies and foreign financial institutions.

Legislation cited (10)

Cases cited (4)

  • Uganda Petroleum Co Ltd v Hajji Kayongo (Civil Suit No. 504 of 1993)
  • Margaret Nkangi Tomusange v Fred Tomusange and Others (HCMA No. 4067 of 2025)
  • Molly Kyalikunda Turinawe and Others v Eng Ephraim Turinawe and Another (SCCA No. 27 of 2010)
  • Abubaker Sebalamu Ganya v Yasmin Nalwoga (SCCA 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 application for extension of probate by Karugaba and Others (HCT-01-CV-MA-0071-2025) [2025] UGHC 776 (18 August 2025)
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.