In the matter of the Estate of Mubiru Abdul (Miscellaneous Application No. 65 of 2025)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that administrators who were granted letters of administration before 31 May 2022 may apply for extension under section 337(4) of the Succession Act where the letters have expired by operation of law. Where administrators demonstrate that delay in filing an inventory was due to challenges beyond their control in tracing and recovering estate properties from third parties, this constitutes sufficient cause to extend time under section 273(1). The court granted a two-year extension of the letters of administration and leave to file the inventory and final account out of time.

Outcome

Application granted; letters of administration extended for two years; applicants granted leave to file inventory and final account out of time within eight months

Facts

The Late Mubiru Abdul died on 17 March 2008. The applicants petitioned for letters of administration and were granted the same on 16 May 2014 by Justice Percy Night Tuhaise in Administration Cause No. 64 of 2013. Upon appointment, the administrators discovered that some properties of the deceased were in the hands of third parties, necessitating tracing and recovery. They have since recovered certificates of title for land comprised in Kibuga Block 3 plot 316, Block 10 plots 1177 and 1081, and are in the process of registering themselves as administrators. By operation of section 337(2) of the Succession Act, the letters of administration expired on 31 May 2025, having been granted before 31 May 2022. The administrators have not filed an inventory within the six-month period prescribed by section 273(1). The deceased was survived by nine children and one widow, all of whom consented to the application.

Issues

1. Whether there are sufficient grounds to warrant the extension of the Letters of Administration.
2. Whether the Applicants should be granted leave and extension of time within which to file an inventory and final accounts in Administration Cause No. 064 of 2013.

Orders

• The letters of administration of the estate of the Late Mubiru Abdul vide administration cause No. 064 of 2013 is hereby extended for a period of two years from the date of this ruling.
• The applicants are granted leave for filing an inventory and final account out of time.
• The Applicants are directed to file the updated inventory clearly showing: (a) the name of the deceased; date of death; Administration Cause number; Date of Issuance of the Letters of Administration; Names of Administrator; Date of Submission of Inventory; (b) Properties that formed part of the deceased's estate as at the date of death with certified documentary evidence for immoveable properties and detailed descriptions for moveable properties, with status updates; (c) Credits of the deceased; (d) Debts of the deceased; (e) List of beneficiaries and their National IDs; (f) Proposed distribution of properties among beneficiaries with justification including family minutes consenting to the proposed distribution; (g) For property already distributed, a list of properties distributed, to whom, justification, and proof of receipt.
• The said inventory should be filed within eight months from the date of this Ruling.

Rules and key headnotes

Legislation cited (12)

• Succession Act Cap 268 s.273
• Succession Act Cap 268 s.256
• Succession Act Cap 268 s.337(2)
• Succession Act Cap 268 s.337(4)
• Succession Act Cap 268 s.176
• Succession Act Cap 268 s.188
• Civil Procedure Act Cap 282 s.96
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules SI 71-1 Order 52 rule 1
• Civil Procedure Rules SI 71-1 Order 52 rule 3
• Judicature Act Cap 16 s.37
• Interpretation Act Cap 2 s.34(3)

Cases cited (7)

• Ndagire & Another v Muhammed Kasozi & Others (HCCS No. 40 of 2014)
• Mary Nabatanzi v Haji Hassan Lubega & Another (Court of Appeal Civil Appeal No. 147 of 2016)
• Hajjat Ndagire & Another v Muhammad Kasozi & Others (HCCS No. 40 of 2014)
• Molly Kyallikunda Turinawe & Others v Engineer Turinawe & Another (SCCA No. 27 of 2010)
• Mugo and Others v Wanjiru & Another [1970] EA 481
• The Registered Trustees of the Archdiocese of Dar es Salam versus the Chairman Bunju Village Government & Ors
• Gideon Mosa Onchwati v Kenya Oil Co. Ltd & Another [2017] KLR

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Ssekabira Deusdit v Uganda (Criminal Miscellaneous Application No. 001 of 2026)

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