In the matter of the Estate of the late Aling Rose Okullu (Miscellaneous Application No. 5 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

The Court granted a two-year extension of Letters of Administration that had expired under Section 337(2) of the Succession Act. The Administrator, though delayed in filing the required inventory and accounts since 2017, had taken affirmative steps in administering the estate and had the consent of all beneficiaries. The Court ordered the inventory to be filed within three months and directed that the Letters issue in the decedent's maiden name Aling Rose.

Outcome

Letters of Administration extended for two years to enable Administrator to complete estate administration in compliance with the Succession Act

Facts

Letters of Administration were granted to Atim Michelle Okullu on 22 March 2017 in respect of the estate of her mother, the late Aling Rose Okullu. The Administrator was required to file an inventory within six months and render accounts within one year, but failed to comply. The Administrator conducted due diligence on properties in Kitgum, Gulu, Wakiso and Mpigi Districts, disposed of one property and divided proceeds equally among beneficiaries, and identified that certain properties had not been transferred into the decedent's name while other property remained subject to litigation at High Court Wakiso. The Letters of Administration expired on 31 May 2025 under Section 337(2) of the Succession Act. The Administrator, who had been a young adult when first appointed, sought renewal with the consent of all beneficiaries to complete the estate administration.

Issues

1. Whether the Court should renew and extend the Letters of Administration originally granted on 22 March 2017.
2. Whether the Court should extend the time for filing the required Estate Inventory and Accounts.
3. Whether the Letters of Administration should be rectified to issue in the decedent's maiden name Aling Rose.

Orders

• Application granted.
• Letters of Administration extended for a period of two years expiring on 10 November 2027.
• Administrator to file due and proper inventory of property and credits within three months expiring on 10 February 2026.
• Letters of Administration to issue in the names ALING ROSE.
• Applicant to meet her own costs of the application.

Rules and key headnotes

Legislation cited (8)

• Judicature Act Cap. 16 s.37
• Civil Procedure Act Cap. 282 s.98
• Succession Act Cap. 268 s.256(3)
• Succession Act Cap. 268 s.273(1)
• Succession Act Cap. 268 s.337(2)
• Succession Act Cap. 268 s.337(4)
• Civil Procedure Rules SI 71-1 Order 51 Rule 6
• Civil Procedure Rules SI 71-1 Order 52 Rules 1, 2 and 3

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