In the matter of the Estate of the late Oboni Godfrey Oloya (Miscellaneous Application No. 3 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted a limited one-year extension of letters of administration that had lapsed, requiring the administrator to file inventory within three months and full accounts within one year. The court emphasized that administrators are trustees and fiduciaries who must account transparently for estate property, and that failure to file required inventories and accounts imperils beneficiaries and may mask impropriety, particularly where pensions are involved.
Outcome
Letters of administration renewed for one year with strict timelines imposed for filing inventory and accounts
Facts
The applicant, a biological son and administrator of his late father's estate, was granted letters of administration on 14th April 2021. The original grant required him to file an inventory within six months (by 13th October 2021) and render accounts within one year (by 13th April 2022). The administrator failed to comply with either requirement. Under the amended Succession Act, the letters lapsed on 31st May 2025 after the statutory three-year period from 31st May 2022. The administrator applied for renewal, stating that a family meeting on 16th June 2025 authorized him to continue. He claimed beneficiaries include school-going children whose fees are funded by a pension from the deceased's previous employment. No inventory or accounts had been filed since 2021.
Issues
- Whether the court should grant renewal of letters of administration that lapsed on 31st May 2025.
- Whether the court should extend time for the administrator to file the required inventory and accounts despite non-compliance since the original grant in 2021.
Orders
- Application granted.
- Extension of letters of administration granted for a period of one year expiring 13th November 2026.
- Administrator shall file inventory of property and credits within three months expiring 13th February 2026.
- Applicant to meet his own costs of the application.
Rules and key headnotes
Legislation cited (8)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.