In the matter of the estate of the late Atwiine Sharon and in the matter of an application by the executors- Tusiimire Constance and Mwesigwa Mbagirenta (Miscellaneous Application 81 of 2023)

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 High Court granted the executors an extension of time to file an inventory and account, finding sufficient reasons for the delay including obstruction by creditors claiming interest in the estate and difficulties accessing property outside the court's jurisdiction. The court ordered the executors to file an inventory within thirty days and an account within sixty days from the date of the ruling.

Outcome

Extension of time granted with directions for filing inventory and account within specified timeframes

Facts

Tusiimire Constance and Mwesigwa Mbagirenta obtained letters of probate as joint executors of the estate of the late Atwiine Sharon on 12 February 2021. The executors encountered difficulties in establishing the estate properties due to obstruction by unknown persons claiming interest as creditors. Some estate properties were outside the court's jurisdiction, including bank accounts at Kyambogo University Branch and an NSSF account in Kampala, which required technical and bureaucratic approaches. The executors filed a provisional inventory on 9 February 2023, beyond the statutory six-month period. By the time of the application, the executors had nearly paid off all estate debts but had not successfully collected the deceased's NSSF savings and had commenced legal action against NSSF.

Issues

1. Whether the applicants should be granted an extension of time to file an inventory and final account beyond the statutory six-month and one-year periods prescribed by Section 278(1) of the Succession Act.
2. Whether the provisional inventory filed in February 2023 should be validated by the Court.

Orders

• Application allowed.
• The Applicants/executors are ordered to file an inventory within thirty days from the date of this ruling.
• The Applicants/executors are ordered to file an account within sixty days from the date of this ruling.
• No order made as to costs.

Rules and key headnotes

Legislation cited (5)

• Succession Act Cap 162 s.278(1)
• Judicature Act Cap 13 s.33
• Civil Procedure Act Cap 71 s.96
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 52 Rules 1, 2 and 3

Cases cited (1)

• Abubaker Sebalamu Ganya v Yasmin Nalwoga (Supreme Court Civil Appeal No. 14 of 2017)

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