Kawesa Arthur Daniel and Others v Nalubwama Brenda and Others [2026] UGHCFD 84
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court considered whether there was sufficient cause under section 256(3) of the Succession Act to extend the letters of administration and to permit late filing of the inventory and final account. It accepted the applicants' explanation for the delay — the co-administrator's prolonged illness and subsequent death — as sufficient, found extension to be in the beneficiaries' best interest, and confirmed that the surviving beneficiaries had consented. Although the applicants had not complied with the requirement to file an inventory and account, the court allowed the application on condition that they first file both within two months, whereupon the grant would be extended for a further two years. No order was made as to costs.
Outcome
Application allowed; letters of administration to be extended for a further two years conditional on the applicants first filing the inventory and account within two months
Facts
Letters of administration for the estate of the late Kigozi Benjamin were granted on 13 June 2024 to his widow, Kigozi Sarah, and three of his children (Kawesa Arthur Daniel, Zawedde Justine Deborah and Sempala Tony) vide Administration Cause No. 0344 of 2024. The administrators were required to file an inventory within six months and a final account within twelve months. They failed to do so within these timelines. Shortly after the grant, the widow and co-administrator Kigozi Sarah developed serious health complications requiring repeated hospitalisation and surgery, and the administrators directed their attention and finances toward her treatment. She died on 20 May 2026 from an asthma attack, severe pneumonia and respiratory failure, as evidenced by a NIRA death certificate. The remaining administrators sought to extend the grant, obtain leave to file the inventory and final account out of time, and remove the deceased co-administrator from the grant. The surviving beneficiaries provided signed consent to the application.
Issues
- Whether there was sufficient cause to warrant extension of the letters of administration and to grant leave to file the inventory and final account out of time.
Orders
- The Applicants should first file both an inventory and an account of the estate of the Late Kigozi Benjamin within two (2) months from the date of this Ruling accounting for the period during which they have administered the estate.
- Upon compliance with the above order, the Letters of Administration in respect of the estate of the Late Kigozi Benjamin shall be extended to the Applicants for a further period of two (2) years.
- No order as to costs.
Rules and key headnotes
Legislation cited (8)
Full judgment
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