Wakilii

Kamulegeya Rita and Another v Pamela Nakato (Miscellaneous Application No. 1043 of 2025)

High Court · [2025] UGHCFD 158 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file inventory and accounts out of time arising from Administration Cause No. 1810 of 2021
Decision
Executors granted leave to file inventory and accounts out of time within 30 days

Observed later treatment

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Holding

The court granted the executors leave to file an inventory and accounts out of time. Although the executors were guilty of dilatory conduct by failing to file within the statutory six-month period and allowing over three years to pass, the court found sufficient cause for the delay where the executors were still identifying estate properties that were subject to pending land suits. Denying the application would cause injustice to beneficiaries entitled to know the estate's composition and status.

Outcome

Executors granted leave to file inventory and accounts out of time within 30 days

Facts

Letters of Probate for the estate of the late Namirembe Esther Galiwango were granted to the applicants on 11 March 2022 under Administration Cause No. 1810 of 2021. The executors were required to file an inventory within six months from the date of grant but failed to do so. Over three years passed without filing. The applicants explained that the delay was due to ongoing identification of estate properties at Rubaga and Nakiwogo that were subject to suits in the High Court Land Division. The grant of probate had since expired.

Issues

  1. Whether there is sufficient cause to warrant leave of court to file the inventory out of time.

Orders

  • Application granted.
  • The Executors of the estate of the late Namirembe Esther Galiwango are granted leave to file the inventory out of time showing specified information in Parts A through G.
  • The inventory and an accountability shall be filed within thirty (30) days from the date of delivery of this Ruling.
  • No order as to costs.

Rules and key headnotes

Succession & Estates — Executors and Administrators — Inventory — Extension of Time — Sufficient Cause
An executor or administrator who fails to file an inventory within the statutory six-month period under section 273(1) of the Succession Act must apply to court for extension of time, stating reasons for inability to perform the task within the prescribed period. The court has discretion to grant extension where sufficient cause is shown.
Civil Procedure — Extension of Time — Test for Granting Extension
In determining an application for extension of time, the court must consider three questions: whether the applicant has established sufficient reasons for extension; whether the applicant is guilty of dilatory conduct; and whether any injustice will be caused if the application is not granted.
Succession & Estates — Inventory — Purpose and Content — Adverse Claims
The primary purpose of filing an inventory is for executors to establish what the estate consists of, not to show that distribution has been completed. Executors must inform the court of all known estate property including any adverse claims and the actual status of the estate, even where properties are subject to pending litigation.
Succession & Estates — Executors and Administrators — Expired Grant — Duty to File Inventory
The expiry of a grant of probate does not extinguish the executor's obligation to file an inventory and accountability for the period during which the executor held the mandate. Executors must file an inventory covering the period of the grant and should apply for renewal of the grant if administration is ongoing.

Legislation cited (5)

Cases cited (6)

  • Hajjat Ndagire and Another v Muhammad Kasozi and Others (High Court Civil Suit No. 40 of 2014)
  • Molly Kyallikunda Turinawe and Others v Engineer Turinawe and Another (Supreme Court Civil Appeal No. 27 of 2010)
  • Mugo and Others v Wanjiru and Another [1970] EA 481
  • The Registered Trustees of the Archdiocese of Dar es Salam V the Chairman Bunju Village Government & Ors
  • Gideon Mosa Onchwati v Kenya Oil Co. Ltd and Another [2017] KLR
  • Huo Yan Fang v Dong Hoon Kim (High Court Civil Suit No. 22 of 2018)

Full judgment

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

Kamulegeya Rita and Another v Pamela Nakato (Miscellaneous Application No. 1043 of 2025) [2025] UGHCFD 158 (26 September 2025)
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.