In the matter of the estate of the late Kateregga Richard (Miscellaneous Application 91 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed an application by administrators seeking extension of time to file an inventory for the estate of the late Kateregga Richard. The court held that while the application was filed before the letters of administration expired, the beneficiaries had not consented to the application despite the applicants' claim to have attached such consent. The court found that although financial difficulties and land wrangles were cited as reasons for delay, the absence of beneficiary consent was a significant deficiency.
Outcome
Application for extension of time to file inventory dismissed
Facts
Kateregga Richard died on 31 July 2017. Letters of administration were granted to the applicants on 7 July 2023 by Hon. Lady Justice Ketrah Kitariisibwa Katunguka. Under Section 273(1) of the Succession Act, the administrators were required to file an inventory within six months of the grant. The applicants failed to file the inventory within the prescribed time, citing financial difficulties and unresolved land wrangles. The letters of administration expired on 7 July 2025. The applicants filed this application on 24 January 2024 seeking extension of time to file the inventory. The applicants claimed to have distributed some estate property among beneficiaries and attached a consent from beneficiaries, but the court record showed no such consent was actually filed.
Issues
- Whether there are sufficient grounds to warrant the extension of time within which to file an inventory.
Orders
- Application dismissed.
- No order as to costs.
Rules and key headnotes
Legislation cited (8)
- Succession Act s.258
- Succession Act s.273(1)
- Succession Act s.278(1)
- Civil Procedure Act s.96
- Civil Procedure Act s.98
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.3
- Civil Procedure Rules O.15 r.5
Cases cited (5)
- Hadijah Ndagire and Another v Muhammad Kasozi and Others (High Court Civil Suit No. 40 of 2014)
- Molly Kyalikunda Turinawe and Others v Engineer Ephraim Turinawe and Another (Supreme Court Civil Appeal No. 27 of 2010)
- Mugo and Others v Wanjiru and Another [1970] EA 481
- The Registered Trustees of the Archdiocese of Dar es Salam versus the Chairman Bunju Village Government & Ors
- Gideon Mosa Onchwati v Kenya Oil Co. Ltd and Another [2017] KLR
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.