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 Mbagiren(2)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted extension of time for executors to file inventory and account where delay was caused by creditor antagonism, estate property located outside jurisdiction, and difficulties accessing NSSF savings. Provisional inventory filed out of time without prior court order was held to be illegal. Executors ordered to file inventory within 30 days and account within 60 days.

Outcome

Executors granted extension of time to file inventory and account with specified deadlines

Facts

Tusiimire Constance and Mwesigwa Mbagirenta obtained letters of probate as joint executors of the estate of the late Atwiine Sharon on 12 February 2022. When they began ascertaining estate properties, unknown persons claiming to be creditors obstructed them. Some estate properties were located outside the court's jurisdiction, including bank accounts at Kyambogo University Branch and an NSSF account in Kampala. Attempts to access the NSSF savings remained unsuccessful, leading to legal action against NSSF. The executors filed a provisional inventory on 9 February 2023, outside the statutory six-month period. By the time of the application, the executors had nearly paid off all estate debts and obtained acknowledgment of repayment from creditors.

Issues

1. Whether the applicants should be granted leave and extension of time to file an inventory and final account in the estate of the late Atwiine Sharon.
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.