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In the matter of the Estate of Francis Xavier Sebampitako Kitaka [2026] UGHC 736

High Court · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Notice of motion for leave to file a petition for grant of probate out of the time prescribed by statute; application unopposed
Decision
Leave granted to the executors to file a petition for grant of probate out of the prescribed time

Observed later treatment

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Holding

The executors sought leave to petition for probate more than four years after the testator's death, the one-year period under Succession Act s.240(2) having expired. The High Court held that sufficient reason for extension must arise from circumstances beyond the applicant's control, and that the nationwide suspension of non-urgent court business by Chief Justice's Circular No. CJ/C.7 (in force from 19 March 2020) proved, rather than merely asserted, that access to probate proceedings was unavailable throughout the prescribed period. The post-lockdown delay was excused as the beneficiaries were all adults and no competing claim arose; the executors acted within five weeks of the customary heir's request. Leave granted; costs borne by the estate.

Outcome

Leave granted to the executors to file a petition for grant of probate out of the prescribed time

Facts

The deceased died on 12 September 2020 at Mulago Hospital from Covid-19 and acute respiratory distress syndrome, while resident in Wakiso District. He died testate, having executed a will on 19 April 1999 appointing Moses Aldrin Kimuli and Richard Ssenkandwa as executors. The estate comprised substantial real property, which the will directed should be held whole through a family company, Kitaka Sebampitako Estates Limited, in which all nine surviving children are shareholders. Mutebi Frederick Kitaka is the customary heir. Under Succession Act s.240(2) a petition for probate was required by 12 September 2021. That entire period fell within nationwide Covid-19 restrictions; Chief Justice's Circular No. CJ/C.7 of 21 June 2021 confirmed that guidelines suspending court hearings save urgent matters, and scaling court operations to 10% physical presence, had been continuously in force since 19 March 2020. Lockdowns were lifted in January 2022, but the adult beneficiaries did not treat probate as a priority and no creditor or competing claimant emerged. By letter of 4 November 2025 the customary heir asked the executors to obtain probate, citing suspected intermeddling with the estate. The executors filed this application on 9 December 2025. It was unopposed.

Issues

  1. Whether the applicants established sufficient reasons for the court to extend the time within which to petition for a grant of probate.
  2. Whether the applicants were guilty of dilatory conduct.
  3. Whether injustice would be caused if the application for extension of time was not granted.

Orders

  • Application granted.
  • The applicants, Moses Aldrin Kimuli and Richard Ssenkandwa, are granted leave to file a petition for grant of probate of the last Will and Testament of the late Francis Xavier Sebampitako Kitaka out of the prescribed time.
  • Costs of the application shall be borne by the estate of the late Francis Xavier Sebampitako Kitaka.

Rules and key headnotes

Succession & Estates — Probate — Extension of Time to Petition Beyond One Year under Succession Act s.240(2)
Where the one-year period for petitioning for a grant of probate under section 240(2) of the Succession Act has lapsed, the court may, in exercise of its powers under section 37 of the Judicature Act and its inherent jurisdiction under section 98 of the Civil Procedure Act, grant leave to petition out of time upon proof of sufficient reason for the delay.
Civil Procedure — Extension of Time — Meaning of Sufficient Reason
Sufficient reason for an extension of time must relate to the impossibility or inability to take the required step within time arising from events beyond the applicant's control, and an application will fail where the default is attributable to the applicant's own inaction, negligence or inexcusable error.
Civil Procedure — Extension of Time — Covid-19 Restrictions — Proof by Official Judicial Circulars
Covid-19 restrictions amount to sufficient reason for delay where the suspension of non-urgent court business during the prescribed period is established by official judicial record, such as a Chief Justice's circular, rather than by bare assertion of general hardship.
Civil Procedure — Dilatory Conduct — Test and Effect on Applications for Extension of Time
Dilatory conduct means conduct deliberately intended to cause delay, gain time or postpone a decision, and is indicative of mala fides; an applicant who moves the court promptly once the need to act arises, and against whom no negligence, procrastination or abuse of process is shown, is not guilty of dilatory conduct.
Succession & Estates — Protection of Estate — Intermeddling and Absence of Personal Representative as Ground for Relief
Where an estate of substantial value has no executor or administrator in charge and there is suspicion of intermeddling, refusal of leave to petition for probate out of time would leave the estate exposed to dissipation and perpetuate injustice to the beneficiaries under the will.

Legislation cited (5)

Cases cited (2)

  • Kansai Plascon Uganda Limited v Uganda Revenue Authority (Civil Appeal No. 37 of 2021)
  • Livingstone Kagaga Kizito v Charles Waligo (Civil Application No. 80 of 2012)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In the matter of the Estate of Francis Xavier Sebampitako Kitaka [2026] UGHC 736 (5 June 2026)
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.