Wakilii

In the matter of the Estate of the late Amos Mushaba Gareba (Miscellaneous Application 20 of 2026)

High Court · [2026] UGHC 161 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for renewal of grant of probate arising from Administration Cause HCT-05-FD-AC-148-2023
Decision
Grant of probate extended for two years with conditions on property transfer and filing of inventory

Observed later treatment

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Holding

The High Court granted the application to extend the grant of probate for two years. The court held that executors demonstrated just cause under Section 255(3)(a) of the Succession Act where estate property remained unsecured, land titling processes were incomplete, and executors faced a pending suit challenging the will in their capacity as executors. The court found extension necessary to protect estate property and enable executors to defend the suit, as it was in the beneficiaries' best interest to complete property transfers and preserve the estate pending litigation.

Outcome

Grant of probate extended for two years with conditions on property transfer and filing of inventory

Facts

Taremwa Anna and Muheirwe Harriet Twinomugisha were granted probate of the estate of the late Amos Mushaba Gareba on 4 September 2023. The applicants had partly fulfilled their duties but land at Omukitongore remained under conversion from leasehold to freehold and land at Rutooma was under titling. On 10 June 2025, the executors were sued in High Court Civil Suit 63 of 2025 challenging the validity of the will under which they were appointed. Fifteen beneficiaries consented to the renewal while eight did not sign. Mushabe Jackline opposed the application, contending the applicants did not have clean hands and the application should be dismissed pending disposal of the civil suit. The probate had expired and the applicants sought renewal to complete property transfers and defend the suit.

Issues

  1. Whether the court should exercise its discretion to extend the grant of probate beyond the statutory period.
  2. Whether the applicants have shown just cause for the extension of the grant of probate.
  3. Whether it is in the best interest of the beneficiaries to extend the grant of probate.

Orders

  • Application allowed.
  • The grant of probate of the estate of the late Amos Mushaba Gareba granted to Taremwa Anna and Muheirwe Harriet Twinomugisha vide Mbarara High Court Administration Cause HCT-05-FD-AC-148-2023 is extended for a further period of two years from 27 February 2026.
  • The executors shall only transfer property due to beneficiaries within six months after High Court Civil Suit 63 of 2025 is concluded or after expiry of their powers as executors.
  • The executors shall file an inventory and full account in court within six months after High Court Civil Suit 63 of 2025 is concluded or after expiry of their powers as executors.
  • The executors to continue managing and securing the land of the estate as provided in the law.
  • The executors can transfer any estate property into their names as executors of the estate of the late Amos Mushaba Gareba as provided in the law.
  • All parties to pay their respective lawyers.

Rules and key headnotes

Succession & Estates — Grant of Probate — Extension of Validity — Just Cause
A court that issued a grant of probate may extend its validity upon expiry of the statutory period under Section 255(3) or 337(4) of the Succession Act Cap 268, provided the applicants show just cause for the court to exercise its discretion.
Succession & Estates — Grant of Probate — Extension — Best Interest of Beneficiaries
Under Section 255(3)(a) of the Succession Act, a grant of probate that has expired may be extended if it is in the best interest of the beneficiaries. Where estate property remains unsecured and land titling processes are incomplete, leaving the estate without an executor would result in no manager for estate property and potential wastage, which cannot be said to be in the best interest of beneficiaries.
Succession & Estates — Executors — Duty to Protect Estate Property
The cardinal duty of an executor of an estate is to protect estate property, trace and collect the same under their name as executors of the estate. Securing estate property is for the good of the beneficiaries and can only be done by duly empowered executors who can act in place of the deceased, sue and be sued as stipulated in Section 261 of the Succession Act.
Succession & Estates — Grant of Probate — Extension — Pending Litigation Against Executors
Where executors are sued in their capacity as executors in a suit challenging the validity of the will, it is important that the grant of probate be renewed to enable them to ably defend themselves in that capacity and to preserve the estate from alienation until the suit is concluded.

Legislation cited (13)

Full judgment

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In the matter of the Estate of the late Amos Mushaba Gareba (Miscellaneous Application 20 of 2026) [2026] UGHC 161 (27 February 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.