Wakilii

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

High Court · [2025] UGHCFD 157 · 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 letters of probate granted in Administration Cause No. 1810 of 2021
Decision
Executors granted leave to file inventory and accounts out of time with detailed requirements specified; advised to apply for renewal of expired grant

Observed later treatment

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Holding

The court granted the executors leave to file an inventory and accounts out of time. The delay was justified by ongoing land disputes affecting estate property identification. Although the executors were guilty of dilatory conduct by waiting over three years, denying the application would cause injustice to beneficiaries. The court emphasised that an inventory must show what the estate consists of, including adverse claims and status, not necessarily completed distribution. The grant of probate had expired and executors were advised to seek renewal.

Outcome

Executors granted leave to file inventory and accounts out of time with detailed requirements specified; advised to apply for renewal of expired grant

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 grant but failed to do so. The applicants attributed the delay to ongoing identification of the deceased's properties, specifically land at Rubaga and Nakiwogo that were subject to suits in the High Court Land Division. Over three years passed since the statutory deadline for filing the inventory. The grant of probate had since expired. The applicants sought leave of court to file the inventory and accounts out of time.

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 must include: deceased's details and grant information; properties with documentary evidence and status updates; credits and debts; list of beneficiaries with National IDs; proposed distribution with justification; and details of any property already distributed.
  • The inventory and an accountability must 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 — Inventory and Accounts — 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 the application if persuaded by the administrator's grounds.
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. An inventory must show the composition of the estate including any adverse claims and the actual status of the estate, regardless of whether properties are subject to ongoing litigation or disputes.
Civil Procedure — Extension of Time — Test for Sufficient Cause
In determining an application for extension of time, the court must consider three questions: whether the applicant has established sufficient reasons for the extension; whether the applicant is guilty of dilatory conduct; and whether any injustice will be caused if the application is not granted. The words 'sufficient cause' should receive a liberal construction to advance substantial justice when no negligence, inaction, or want of bona fides is imputed to the applicant.
Succession & Estates — Grant of Probate — Expiry — Effect on Inventory Requirement
The expiry of a grant of probate does not remove the requirement for executors to file an inventory and accountability for the period during which they held the mandate. Executors must still account for their administration during the period the grant was effective 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 157 (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.