Wakilii

In the matter of the Estate of the Late Gregory R. Birahi (Miscellaneous Application 357 of 2025)

High Court · [2025] UGHC 1084 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to extend validity of grant of probate issued in 1999, arising from Administration Cause MMB 185 of 1998
Decision
Grant of probate extended for two years; executors to file inventory and account within one year

Observed later treatment

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Holding

The High Court granted an application to extend a grant of probate issued in 1999 for a further two years under section 337(4) of the Succession Act. The court held that for grants issued before 31st May 2022, an applicant need only show just cause for the extension. The applicant demonstrated cause by showing that residual estate property remained subject to pending litigation. The court also granted leave to file inventory and account within one year.

Outcome

Grant of probate extended for two years; executors to file inventory and account within one year

Facts

Dr. Francis Bajunirwe and Richard Byarugaba were granted probate of the estate of the late Gregory R. Birahi on 12th January 1999 under Administration Cause MMB 185 of 1998. A substantial part of the estate was administered, but some properties remained subject to litigation in Civil Appeal No. 526 of 2022 before the Court of Appeal. The grant of probate expired under the Succession (Amendment) Act 2022, which capped validity of grants issued before 31st May 2022 at three years from commencement. The applicant sought extension of the grant to deal with the residual estate matters. Nine beneficiaries filed supplementary affidavits corroborating that only the litigated property remained to be administered and expressing no objection to the application.

Issues

  1. Whether the court should extend the validity of the grant of probate issued before 31st May 2022.
  2. Whether the applicant should be granted leave to file an inventory and final account out of time.
  3. Whether the extension should be made in favour of the applicant as sole executor.

Orders

  • Application allowed.
  • The Grant of Probate of the estate of the Late Gregory R. Birahi granted to Richard Byarugaba and Francis Bajunirwe vide Mbarara High Court Administration Cause MMB 185 of 1998 is extended for a further period of two years from 17th October 2025.
  • The executors of the estate of the Late Gregory R. Birahi shall file in court an inventory and exhibit an account within one year from 17th October 2025.

Rules and key headnotes

Extension of Grant of Probate — Grants Issued Before 31st May 2022 — Applicable Legal Test
Under section 337(4) of the Succession Act, an applicant seeking extension of a grant of probate issued before 31st May 2022 need only show just cause for the court to exercise its discretion to extend the duration of validity, whereas section 255(3) imposes more elaborate conditions for grants issued after 31st May 2022.
Extension of Grant of Probate — Best Interests of Beneficiaries — General Principle
Although section 337(4) of the Succession Act does not expressly lay out considerations for determining an application for extension of probate issued before 31st May 2022, it is necessary for the court in every case to consider the best interests of the beneficiaries of the estate as well as respect the interests of the testator as laid out in the will.
Extension of Grant of Probate — Pending Litigation as Just Cause
Where residual estate property remains subject to pending litigation and beneficiaries do not oppose the application, an executor has shown just cause under section 337(4) of the Succession Act to warrant extension of a grant of probate issued before 31st May 2022.

Legislation cited (11)

Full judgment

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In the matter of the Estate of the Late Gregory R. Birahi (Miscellaneous Application 357 of 2025) [2025] UGHC 1084 (17 October 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.