Wakilii

John Bwanika Ddungu v Margaret Ssekyondwa Sekatawa (Miscellaneous Application 3038 of 2025)

High Court · [2026] UGHCFD 27 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file inventory and final account out of time and for extension of grant of probate
Decision
Application for leave to file inventory and final account out of time and for extension of grant of probate dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an executor seeking extension of a grant of probate must satisfy the conditions under Section 255(3) of the Succession Act, including obtaining consent of all beneficiaries and complying with the provisions of the Act. Where the executor previously renounced executorship, failed to obtain consent of all beneficiaries, and sought to undertake actions inconsistent with the express wishes of the deceased as contained in the Will, the application for extension must be declined.

Outcome

Application for leave to file inventory and final account out of time and for extension of grant of probate dismissed

Facts

John Bwanika Ddungu and Mary Sekatawa were granted probate on 3 February 2010 to administer the estate of the Late William Mukasa Sekatawa Ssalongo. An inventory was filed on 16 January 2019, signed only by the applicant and filed outside the statutory six-month period without leave of court. No account of the estate was filed. Mary Sekatawa died on 12 April 2021. The applicant filed HCMA No. 1933 of 2025 to remove the deceased co-executrix from the grant, but it was dismissed. The applicant then filed this application seeking leave to file inventory and final account out of time and for extension of the grant. The applicant relied on minutes of a family meeting held on 17 December 2023 where 24 out of 30 beneficiaries voted to sell property at Seeta, while 6 opposed. The deceased's Will directed that the Seeta property be managed by executors to generate rental income for school fees and repairs, and ultimately vest as joint family property. The proposed sale was inconsistent with the Will.

Issues

  1. Whether there is sufficient cause to warrant the grant of the application for leave to file inventory and final account out of time and for extension of the grant of probate.

Orders

  • Application declined.
  • No order as to costs.

Rules and key headnotes

Extension of Grant of Probate — Conditions under Section 255(3) Succession Act
An executor seeking extension of a grant of probate under Section 255(3) of the Succession Act must satisfy the court that it is in the best interest of the beneficiaries to extend the period, that the executor has complied with the provisions of the Act or any condition on which probate was granted, and that the executor has obtained the consent of all beneficiaries in the estate.
Executor's Duties — Compliance with Statutory Requirements
Failure by an executor to file an account of the estate as required under Section 273(1) of the Succession Act constitutes non-compliance with the provisions of the Act and is a ground for refusing an application for extension of the grant of probate under Section 255(3)(b)(i).
Executor's Powers — Renunciation and Revival
Where an executor has renounced executorship of an estate in writing, the court will consider this as a factor weighing against granting an application for extension of the grant of probate, particularly where the executor seeks to undertake actions inconsistent with the express wishes of the deceased as contained in the Will.
Consent of Beneficiaries — Requirement of Unanimity
The requirement under Section 255(3)(b)(ii) of the Succession Act that an executor obtain the consent of all beneficiaries for extension of a grant of probate is not satisfied where only a majority of beneficiaries consent, even if that majority is substantial.
Executor's Duties — Adherence to Testator's Wishes
An executor may not undertake actions that are inconsistent with the express wishes of the deceased as contained in the Will. Where beneficiaries resolve to sell property that the testator directed should be managed for rental income and ultimately vest as joint family property, such resolution is inconsistent with the Will and cannot form the basis for granting an extension of the grant of probate.

Legislation cited (9)

Full judgment

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John Bwanika Ddungu v Margaret Ssekyondwa Sekatawa (Miscellaneous Application 3038 of 2025) [2026] UGHCFD 27 (23 March 2026)
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.