Kironde Suna Robin v Lubowa Angelina Kagere and Others (Miscellaneous Application No. 4495 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 leave to file an inventory out of time in an administration cause. The applicant, as administrator of the deceased's estate, had failed to file the inventory within the six-month statutory period because some beneficiaries were abroad and distribution was delayed. The court held that these circumstances constituted sufficient cause for extension of time under Section 273(1) of the Succession Act. All beneficiaries consented to the application. The court directed the applicant to file a detailed inventory within thirty days.

Outcome

Application granted; applicant given leave to file inventory out of time within thirty days

Facts

Kasaato Jack Kironde died on 14 April 2023. Letters of Administration were granted to the applicant, Kironde Suna Robin, on 4 September 2024. The applicant failed to file an inventory within the statutory six-month period as required by Section 273(1) of the Succession Act. The letters of administration expired on 31 May 2025 by operation of law. The applicant attributed the delay to difficulties in distributing the estate because some beneficiaries were living abroad and were unreachable. The applicant completed the distribution and sought leave to file the inventory out of time. All beneficiaries consented to the application.

Issues

1. Whether the executor of the estate of the late Kasozi Kasaato Jack Kironde can file the inventory out of time.

Orders

• The application is granted.
• The Applicant is granted leave to file the inventory vide Administrative Cause No. 982 of 2023 out of time.
• The Applicant is directed to file the updated inventory clearly showing: the name of the deceased; date of death; Administration Cause number; Date of Issuance of the Letters of Administration; Names of Administrator; Date of Submission of Inventory; Properties that formed part of the deceased's estate as at the date of death; Credits of the deceased; Debts of the deceased; List of beneficiaries of the deceased and their National IDs; Proposed distribution of properties among the beneficiaries and justification for this proposed distribution; For property already distributed before the filing of the inventory, a list of properties distributed and to whom it was distributed among the beneficiaries and a justification for the distribution and proof that the said beneficiary received the same.
• The said inventory should be filed within 30 (thirty) days from the date of receipt of this Ruling.

Rules and key headnotes

Legislation cited (6)

• Civil Procedure Act s.98
• Civil Procedure Rules SI 71-1 Order 52 rules 1 and 2
• Succession Act s.273(1)
• Succession Act s.278(1)
• Succession Act s.278(2)
• Judicature Act s.33

Cases cited (6)

• Hadijah Ndagire and Another v Mohammed Kasozi and Others (Civil Suit No. 40 of 2014)
• Babumba and 13 Others v James Ssali Babumba (HCCS No. 78 of 2012)
• Molly Kyalikunda Turinawe and Others v Engineer Ephraim Turinawe and Another (SCCA No. 27 of 2010)
• Mugo and Others v Wanjiru and Another [1970] EA 481
• The Registered Trustees of the Archdiocese of Dar es Salam versus the Chairman Bunju Village Government & Ors
• Gideon Mosa Onchwati v Kenya Oil Co. Ltd and Another [2017] KLR

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