Wakilii

In the matter of Application for extension of time to file inventory on the Estate of the Late Sabiiti (HCT-01-FD-MA-0134-2025)

High Court · [2025] UGHC 1153 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file inventory under Section 273 of the Succession Act
Decision
Application for extension of time granted; administrator given six months from ruling date to file inventory

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that while the administrator's delay due to pending pension and lease renewal processes does not strictly constitute sufficient cause under Section 273 of the Succession Act, the court exercised its discretion to extend time in the interests of justice, noting the applicant was self-represented and appeared to misunderstand that an inventory may include assets under processing. Extension of six months granted.

Outcome

Application for extension of time granted; administrator given six months from ruling date to file inventory

Facts

George William Sabiiti died intestate on 20 November 2021, leaving six children including Kobusinge Stella. The estate comprised unregistered land at Kaigereka Cell (approximately 6 acres), leasehold land at Plot 8A Speke Lane Fort Portal City, and a pension from Kabarole District Local Government, with an estimated total value of UGX 90,000,000. Letters of Administration were granted to Kobusinge Stella on 18 November 2024, with an undertaking to file an inventory by 18 May 2025. The administrator failed to file the inventory within the six-month statutory period and applied for extension of time, citing delays in obtaining the deceased's pension and in renewing the lease for Plot 8A. The application was filed after the expiry of the six-month period. The applicant was self-represented.

Issues

  1. Whether the Applicant has shown sufficient cause to warrant extension of time to file an inventory under Section 273 of the Succession Act

Orders

  • Time within which the Applicant shall file an inventory in respect of the estate of the late George William Sabiiti extended by six months from the date of this ruling.
  • The inventory shall include all property known to belong to the estate, even those currently under processing or verification, with clear indications of their status.
  • The Applicant shall bear her own costs for this application.

Rules and key headnotes

Succession & Estates — Inventory Filing — Extension of Time — Sufficient Cause
An administrator's duty under Section 273(1) of the Succession Act to file an inventory within six months is mandatory but the court retains discretion to extend time where sufficient cause is shown. The inventory must disclose the current status of the estate, including assets under process or pending verification, and is not contingent upon completion of all administrative processes such as pension claims or lease renewals.
Civil Procedure — Extension of Time — Sufficient Cause — Discretionary Power
Under Order 51 Rule 6 of the Civil Procedure Rules, the court has discretionary power to enlarge time even after expiration of the appointed period, provided the applicant demonstrates sufficient cause. Sufficient cause relates to inability or failure to take a particular step within the prescribed time due to circumstances beyond the party's control, and the determination is fact-dependent.
Succession & Estates — Inventory — Self-Represented Litigant — Misapprehension of Law
Where a self-represented administrator's delay in filing an inventory stems from a mistaken belief that all estate processes must be concluded before the inventory could be filed, rather than from bad faith or deliberate neglect, the court may exercise its discretion to extend time in the interests of justice, even if the explanation does not strictly constitute sufficient cause.

Legislation cited (7)

Cases cited (2)

  • Rosette Kizito v Administrator General and Others (Supreme Court Civil Application No. 9 of 1986)
  • Mugume Stella Maris v The Estate of the Late Rusoke Emmanuel (Miscellaneous Cause No. 012 of 2024)

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 time to file inventory on the Estate of the Late Sabiiti (HCT-01-FD-MA-0134-2025) [2025] UGHC 1153 (13 O
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.