In the matter of the Estate of the Late Kabondo George (Miscellaneous Application 400 of 2025)
Observed later treatment
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Holding
The High Court granted the application to extend letters of administration issued before the 2022 Succession Act amendments. Under section 337(4) of the Succession Act, the court found the applicant showed just cause where family boundary disputes had been resolved, beneficiaries consented, and estate administration remained incomplete. The court extended the letters for two years and granted one year to file inventory and account.
Outcome
Letters of administration extended for two years; administrator granted one year to file inventory and account
Facts
Kabondo Arthur Naijuka was granted letters of administration for the estate of the late Kabondo George on 2 November 2010. The deceased left properties including land and a matrimonial home. Following the grant, the applicant experienced family disputes with relatives regarding boundaries. These disputes have now been resolved. The Succession (Amendment) Act 2022, which commenced on 31 May 2022, imposed a three-year validity period on letters of administration granted before that date. The applicant sought extension of the letters and leave to file inventory and account out of time. The beneficiaries—Mbeine Shiela, Nyongyeirwe Sharon, and Nagasha Christine—consented to the application and appeared in court on 29 September 2025 to confirm their consent.
Issues
- Whether the court should extend the validity of letters of administration granted on 2 November 2010 for the estate of the late Kabondo George.
- Whether the applicant should be granted leave to file an inventory and final account out of time.
Orders
- The Letters of Administration of the estate of the late Kabondo George granted to Kabondo Arthur Naijuka vide Mbarara High Court Administration Cause HCT-05-CV-AC-131-2010 are extended for a further period of two years from 17 October 2025.
- The Administrator of the estate of the late Kabondo George shall file in court an inventory and exhibit an account within one year from 17 October 2025.
Rules and key headnotes
Legislation cited (10)
- Succession Act Cap 268 s.337(2)
- Succession Act Cap 268 s.337(4)
- Succession Act Cap 268 s.256(2)
- Succession Act Cap 268 s.256(3)
- Succession Act Cap 268 s.273
- Succession Act Cap 268 s.273(1)
- Civil Procedure Act Cap 282 s.98
- Civil Procedure Rules S.I 71-1 Order 52 Rules 1, 2 & 3
- Interpretation Act Cap 2 s.34(3)
- Judicature Act Cap 16 s.37
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.