In the matter of the Estate of the Late Opiya Akinya Robert Kiiza (Miscellaneous Application No. 362 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted administrators leave to file an inventory and accounts out of time under section 273(1) of the Succession Act. The Court held that counsel's indisposition and logistical challenges in assembling estate assets constituted sufficient cause for the delay, particularly where the applicants were not personally blameworthy, the application was brought promptly, and no prejudice resulted. The delay was excusable and granting the extension served the interests of justice and orderly estate administration.
Outcome
Application granted with leave to file inventory and accounts within 30 days
Facts
The applicants were appointed administrators of the estate of the late Opiya Akinya Robert Kiiza under Administration Cause No. 048 of 2024. They were required by law to file an inventory and accounts within six months of the grant. They failed to comply within the statutory period and brought this application seeking an extension of time. The applicants attributed the delay to their counsel's indisposition at the material time and logistical challenges in assembling estate assets. They averred that interim administration had been undertaken transparently with beneficiary consent and that a draft inventory was ready for filing. The application was brought without inordinate delay after the statutory period expired.
Issues
- Whether sufficient cause has been shown to justify extension of time to file an inventory and accounts.
Orders
- Leave is granted to the applicants to file the inventory and accounts of the estate of the late Opiya Akinya Robert Kiiza out of time.
- The applicants shall file the inventory and accounts within thirty (30) days from the date of this ruling.
- There shall be no order as to costs.
Rules and key headnotes
Legislation cited (6)
- Succession Act s.273(1)
- Civil Procedure Act s.96
- Civil Procedure Act s.98
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
- Civil Procedure Rules O.52 r.3
Cases cited (3)
- Hadijah Ndagire and Another v Muhammad Kasozi and Others (High Court Civil Suit No. 40 of 2014)
- Mugo and Others v Wanjiru and Another [1970] EA 481
- Banco Arabe Espanol v Bank of Uganda (Supreme Court Civil Appeal No. 8 of 1998)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.