John Kategere Nkonte and Others v Mubekete Joyce Nakisige and Others (Miscellaneous Cause No. 71 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court granted the application with conditions. Applicants were given leave to file an inventory and account within three weeks, and were required to provide written consents and identification for six missing beneficiaries and clarify name discrepancies for five beneficiaries within two weeks. Upon satisfactory compliance, renewed Letters of Administration would be issued for a further two years. The court emphasised the statutory requirements under sections 256 and 337 of the Succession Act for extension of Letters of Administration.

Outcome

Application granted with conditions requiring compliance before renewed Letters of Administration are issued

Facts

Letters of Administration for the estate of the Late Bamwete Nkonte Waiswa Kosea (who died on 1 November 1992) were granted to the three applicants on 27 January 2010. The applicants partially administered the estate, dealing with four properties, but were unable to administer two remaining properties due to lease payment disputes and occupation by squatters. The Letters of Administration expired by operation of law on 31 May 2025. The applicants had not filed the required inventory and account. Thirteen of the nineteen beneficiaries consented to the application, but six beneficiaries were not accounted for. There were also discrepancies between names in the original petition and the current application.

Issues

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

Orders

• The Applicants are granted leave to file an inventory and account for the estate of the Late Bamwete Nkonte Waiswa Kosea within three weeks from the date of this Ruling, accounting for the period during which they have administered the said estate.
• The applicants should present to this court written consents together with state identifications of the following children namely; Susan Sebuliba, Joyce Nakisige, Benoni Ntegere, Filipo waiswa, Eseza Ndikoberani and Richard Mubi within a period of two weeks from the date of this Ruling.
• Should the following names be for the same persons, the applicants should avail this court with state identifications and statutory declarations for the beneficiaries listed herein within two weeks namely; Miria Babirye vs Irene Babirye, Martin Mwondha Vs Mwogeza Martin, Daudi Kereri Vs Kireli David Herbert, Clement David Nkonte Vs Kelementi Nkonte and Tibasa Tikyamulala Vs Tikyamulala Gladys.
• Upon satisfactorily complying with the above orders, then renewed Letters of Administration shall be issued to the Applicant for a further period of two years in respect of the estate of the Late Bamwete Nkonte Waiswa Kosea.

Rules and key headnotes

Legislation cited (9)

• Succession Act Cap. 268 s.273(1)
• 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.337(2)
• Succession Act Cap. 268 s.337(4)
• Civil Procedure Act Cap. 282 s.98
• Judicature Act Cap. 16 s.33
• Civil Procedure Rules S.I 71-1 Order 52 rules 1 & 3

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