Wakilii

In the matter of the Estate of the Late Nalumansi Josephine (Miscellaneous Application No. 2714 of 2025)

High Court · [2025] UGHCFD 141 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file an inventory out of time in an administration cause
Decision
Application granted with directions for filing of inventory within thirty days

Observed later treatment

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Holding

The court granted leave to file an inventory out of time in an administration cause. The applicants, who were administrators of the deceased's estate, had failed to file the inventory within the statutory six-month period due to forgetfulness and lack of funds to complete property transfers. The court held that these reasons constituted sufficient cause under Section 273(1) of the Succession Act to extend time, applying the test from Molly Kyallikunda Turinawe that requires satisfactory explanation for delay and consideration of whether denial of justice would result. The court directed the applicants to file a comprehensive inventory within thirty days.

Outcome

Application granted with directions for filing of inventory within thirty days

Facts

Nalumansi Josephine died on 13 February 2023. The applicants, Biddemu Charles and Kindimukubo Jane Namatovu, who are the only beneficiaries of the estate, obtained letters of administration on 28 June 2024 in Administration Cause No. 1053 of 2023. After the grant, the applicants embarked on transferring the certificate of title for Kyadondo Block 262 Plot 346 from the deceased's name into their names as administrators. This process was completed. However, the transfer from the administrators to the beneficiaries was not completed due to lack of funds. The statutory six-month period for filing an inventory under Section 273(1) of the Succession Act lapsed. The applicants admitted they forgot to file the inventory and only remembered after the deadline had passed. They applied for leave to file the inventory out of time.

Issues

  1. Whether there is sufficient cause for the inventory to be filed out of time.

Orders

  • The Applicants are granted leave to file the final account inventory of the estate vide Administration Cause No. 1053 of 2023 out of time.
  • The Applicants are directed to file the updated inventory clearly showing: the name of the deceased; date of death; Administration Cause number; Date of Issuance of the Letters of Administration; Names of Administrator; Date of Submission of Inventory; Properties that formed part of the deceased's estate as at the date of death with certified documentary evidence for immoveable properties and detailed descriptions for moveable properties; Credits of the deceased; Debts of the deceased; List of beneficiaries of the deceased and their National IDs; Proposed distribution of properties among the beneficiaries with justification; For property already distributed, a list of properties distributed and to whom with justification and proof of receipt.
  • The said inventory should be filed within 30 (thirty) days from the date of receipt of this Ruling.

Rules and key headnotes

Succession & Estates — Inventory — Extension of Time — Sufficient Cause
Under Section 273(1) of the Succession Act, an administrator must file an inventory within six months of the grant of letters of administration, but the court has discretion to extend time upon application showing sufficient cause. Sufficient cause should receive a liberal construction to advance substantial justice where no negligence, inaction, or want of bona fides is imputed to the applicant.
Civil Procedure — Extension of Time — Test for Granting
In determining whether to grant an extension of time, the court must consider three questions: whether the applicant has established sufficient reasons for the extension; whether the applicant is guilty of dilatory conduct; and whether any injustice will be caused if the application is not granted. Each application must be decided on its particular circumstances, with the applicant required to satisfactorily explain the reason for delay.

Legislation cited (5)

Cases cited (5)

  • Hajjat Ndagire & Anor v Muhammad Kasozi & Ors (HCCS No. 40 of 2014)
  • Molly Kyallikunda Turinawe & others v Engineer Turinawe & Anor (SCCA No. 27 of 2010)
  • Mugo and ors v Wanjiru & 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 & Anor [2017] KLR

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In the matter of the Estate of the Late Nalumansi Josephine (Miscellaneous Application No. 2714 of 2025) [2025] UGHCFD 141 (16 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.