Wakilii

In the matter of the Estate of the Late Ahmed Abbas Rehan (Miscellaneous Application No. 4707 of 2025)

High Court · [2025] UGHCFD 174 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file inventory out of time arising from Administration Cause No. 287 of 2024
Decision
Application granted with directions for filing inventory within 30 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the administrators leave to file an inventory out of time in an estate administration matter. The court found sufficient cause where the delay was due to the administrators' inability to convene as a family to decide on distribution because some family members were in distant locations and overseas. The court applied the test from Molly Kyallikunda Turinawe requiring sufficient reasons, absence of dilatory conduct, and consideration of injustice. The court directed that the inventory be filed within 30 days with detailed requirements including property lists, beneficiaries, and proposed distribution with family consent.

Outcome

Application granted with directions for filing inventory within 30 days

Facts

Ahmed Abbas Rehan died on 6 April 2019. The applicants petitioned for letters of administration vide Administration Cause No. 287 of 2024, which were granted on 12 September 2024 by Hon. Lady Justice Celia Nagawa. The administrators failed to file the required inventory and account within the six-month statutory period prescribed by Section 273(1) of the Succession Act. The administrators explained that the delay was caused by their inability to convene as a family to decide on distribution of the estate because some family members were in distant locations and others were overseas. The family subsequently met and agreed on how to distribute the estate. The beneficiaries consented to the application for leave to file the inventory out of time.

Issues

  1. Whether there is sufficient cause for the inventory to be filed out of time.

Orders

  • The Applicants are granted leave to file the final account inventory of the estate vide Administration Cause No. 287 of 2024 out of time.
  • The Applicants are directed to file the updated inventory clearly showing: 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.
  • The inventory must include properties that formed part of the deceased's estate as at the date of death with certified documentary evidence for immoveable properties and detailed lists for moveable properties.
  • The inventory must include credits of the deceased, debts of the deceased, list of beneficiaries with National IDs, and proposed distribution with family minutes consenting to the distribution.
  • For property already distributed, the inventory must list properties distributed, recipients, justification, and proof of receipt.
  • The said inventory should be filed within 30 (thirty) days from the date of receipt of this Ruling.

Rules and key headnotes

Succession & Estates — Administration of Estates — Inventory Filing — Extension of Time — Sufficient Cause
Under Section 273(1) of the Succession Act, an administrator must file an inventory within six months from the grant of letters of administration, but the court may extend time upon application showing sufficient cause. Sufficient cause should receive a liberal construction to advance substantial justice where no negligence, inaction, or want of bona fides is imputed to the applicant.
Succession & Estates — Extension of Time — Test for Granting Extension
In determining whether to grant an extension of time to file an inventory, the court must consider three questions: whether the applicant has established sufficient reasons for the extension; whether the applicant is guilty of dilatory conduct; and whether any injustice will be caused if the application is not granted.
Succession & Estates — Inventory Filing — Delay Due to Family Circumstances
Inability of administrators to convene as a family to decide on distribution of an estate because family members are in distant locations or overseas constitutes sufficient cause for extending time to file an inventory, particularly where the beneficiaries consent to the application and the delay is not due to negligence or unreasonable conduct.

Legislation cited (5)

Cases cited (5)

  • Hajjat Ndagire and Another v Muhammad Kasozi and Others (HCCS No. 40 of 2014)
  • Molly Kyallikunda Turinawe and Others v Engineer Turinawe and Another (SCCA No. 27 of 2010)
  • Mugo and Others v Wanjiru and 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 and Another [2017] KLR

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 the Late Ahmed Abbas Rehan (Miscellaneous Application No. 4707 of 2025) [2025] UGHCFD 174 (6 November 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.