Jane In the matter of an application for an order for renewal and extension of the Letters of Administration and leave to file an inventory out of time by Jane Mwebaza Mukasa [2025] UGHC 678
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Holding
The court granted the application to extend Letters of Administration and leave to file an inventory out of time. Section 256(3) of the Succession Act permits extension where it is in the best interest of beneficiaries and consent is obtained. Exceptional circumstances including the cause of death and State involvement justified the delay in filing the inventory.
Outcome
Letters of Administration extended for two years subject to filing of inventory within three weeks
Facts
Letters of Administration were granted to Jane Mwebaza Mukasa on 19th April 2023 in respect of the estate of the Late Dr. Mukasa John Baptist Nsubuga. The deceased was survived by his widow (the applicant) and his son aged 15 years. The applicant failed to file an inventory within the statutory period. The delay was attributed to bureaucratic procedures related to verification by State House of medical officers who died of COVID-19, as the deceased's salary and NSSF accounts required such verification. The Letters of Administration expired on 31st May 2025 pursuant to Section 337(2) of the Succession Act. The estate had not yet been distributed.
Issues
- Whether there is sufficient cause to warrant the grant of the application for renewal and extension of Letters of Administration and leave to file an inventory out of time.
Orders
- Application allowed.
- Applicant granted leave to file an inventory and account of the estate of the Late Dr. Mukasa John Baptist Nsubuga within three (3) weeks from the date of this Ruling, covering the entire period of administration.
- Upon satisfactory compliance with the above directive, renewed Letters of Administration shall be issued in favor of the Administratrix for a further period of two (2) years.
Rules and key headnotes
Legislation cited (11)
- Succession Act Cap. 268 s.273(1)
- Succession Act Cap. 268 s.337(2)
- Succession Act Cap. 268 s.337(4)
- 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.212
- Judicature Act Cap. 16 s.37
- Civil Procedure Act Cap. 282 s.96
- Civil Procedure Act Cap. 282 s.98
- Civil Procedure Rules S.I 71-1 Order 52 rules 1 & 2
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.