Kasozi Johnny Lukonge and Others v Sarah Namatovu and Others (Miscellaneous Application No. 5336 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court partly granted the application. While the applicants were granted leave to file an inventory and account within two months, the court declined to extend the letters of administration because the applicants failed to satisfy the statutory conditions under Section 256(3) of the Succession Act. Specifically, they had not complied with the requirement to file an inventory and account, and had not obtained consent from all beneficiaries of the estate.
Outcome
Application partly allowed with leave granted to file inventory and account within two months; extension of letters of administration not granted
Facts
The applicants obtained letters of administration for the estate of the late Firipo Lukonge on 1 July 2015. The deceased left property comprised in Ssingo Block 32 Plot 84 land at Bwesige in Mityana District. The applicants embarked on procuring a certificate of title which they obtained in 2024 after a long process due to missing records in the lands office. In April 2025 they commenced subdividing the property into several plots which was completed, and they were processing transfers into administrators' and beneficiaries' names. The letters of administration expired on 31 May 2025 before the applicants filed an inventory or final account. The applicants sought extension of the letters and leave to file an inventory out of time.
Issues
- 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 of the estate of the Late Firipo Lukonge within two months from the date of this Ruling.
- The Applicants should also file an account of the estate of the Late Firipo Lukonge within two months from the date of this Ruling accounting for the period they had the Letters of Administration.
- No order as to costs.
Rules and key headnotes
Legislation cited (11)
- Succession Act Cap. 268 s.337(4)
- Succession Act Cap. 268 s.278(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.212
- Succession Act Cap. 268 s.23(2)
- Succession Act Cap. 268 s.273(1)
- Civil Procedure Act Cap. 282 s.98
- Judicature Act Cap. 16 s.37
- Civil Procedure Rules SI 71-1 Order 52 Rules 1 and 3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.