In the matter of the Estate of the Late Kintu K. Simon (Miscellaneous Application 7032 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for extension of Letters of Administration partly allowed. Court granted leave to file inventory and account within two months but declined to extend the Letters of Administration pending verification of rightful beneficiaries. Applicants failed to comply with statutory requirements under Section 256(3) of the Succession Act, including filing inventory and account, and failed to establish consent from all beneficiaries where uncertainty existed about surviving issues of deceased children.
Outcome
Application partly allowed; applicants granted leave to file inventory and account within two months; matter referred to Administrator General for verification of beneficiaries before extension of Letters of Administration can be considered
Facts
Letters of Administration for the estate of the Late Kintu K. Simon were granted to Katamba Livingstone and Sekiwunga Tonny Richard (both grandsons of the deceased) on 7 September 2004. The administrators did not file an inventory or account as required by Section 273(1) of the Succession Act. Over twenty years later, the applicants sought extension/renewal of the Letters of Administration, citing incomplete administration due to discovery of new estate property and untitled land at Ndeba, Sai, Bugerere. The deceased was survived by three children, all now deceased: Nakiwala Rozalia, Nakiganda Dorothy, and Najjembe Milliam Fairosi. The applicants are grandsons through Najjembe Milliam Fairosi. The applicants provided a consent of beneficiaries but incorrectly listed themselves as children rather than grandchildren of the deceased. The court could not ascertain whether the other two deceased children left surviving issues whose consent would be required.
Issues
- Whether there is sufficient cause to warrant the grant of the application for extension/renewal of Letters of Administration.
Orders
- The Applicants are granted leave to file an inventory of the estate of the Late Kintu K. Simon within two months from the date of this Ruling.
- The Applicants should also file an account of the estate of the Late Kintu K. Simon within two months from the date of this Ruling accounting for the period they had the Letters of Administration.
- The Applicants are hereby referred back to the office of the Administrator General for purposes of verifying the rightful beneficiaries of the estate of the Late Kintu K. Simon, including establishing any surviving issues of the deceased beneficiaries.
- No order as to costs.
Rules and key headnotes
Legislation cited (10)
- Succession Act Cap. 268 s.337
- Succession Act Cap. 268 s.256(2)
- Succession Act Cap. 268 s.256(3)
- Succession Act Cap. 268 s.256(4)
- Succession Act Cap. 268 s.273(1)
- Succession Act Cap. 268 s.212
- Succession Act Cap. 268 s.23(2)
- Civil Procedure Act Cap. 282 s.98
- Judicature Act Cap. 16 s.37
- Civil Procedure Rules SI 71-1 Order 52 Rules 1 and 3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.