Moses Nuwa Senkyonyo and Another v Sarah Nakato and Others (Miscellaneous Application No. 3968 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 held that applications for extension of letters of administration and leave to file inventory out of time should be filed in Luwero High Court rather than Kampala Family Division, as the estate property is located in Luwero District under Bulemezi. The court applied Section 337(2) and (4) of the Succession Act to letters issued before 31 May 2022, which expired three years from that date. Wrong citation of law does not invalidate proceedings where jurisdiction exists and no prejudice results.

Outcome

Applications transferred to Luwero High Court for determination on merits

Facts

Letters of administration for the Estate of the late Zekiya Sempa were granted to the applicants on 3 March 2008 vide Administration Cause No. 1420 of 2007. The applicants failed to file an inventory within the statutory six-month period. The estate property comprised land in Bulemezi Block 771 plot 2 at Kireku measuring approximately 12.15 hectares in Luwero District. At the time of the grant, land wrangles existed involving squatters claiming ownership of part of the property. These disputes prevented the administrators from distributing the estate and filing the required inventory and final account. The letters of administration expired on 31 May 2025 by operation of Section 337(2) of the Succession Act. The applicants filed this application on 31 May 2025 seeking renewal of the letters and leave to file the inventory and final account out of time.

Issues

1. Whether there is sufficient cause for the letters of administration of the Estate of the late Zekiya Sempa to be extended.
2. Whether there is sufficient cause for the inventory and final account to be filed out of time.

Orders

• The applications for extension of letters of administration in Administration Cause Number 1420 of 2007 should be filed in Luwero High Court.
• The Deputy Registrar of this court is directed to forward the file containing Administration Cause No. 1420 of 2007 to Luwero High Court.
• No order as to costs.

Rules and key headnotes

Legislation cited (10)

• Succession Act Cap 268 s.256(2)
• Succession Act Cap 268 s.259(2)
• Succession Act Cap 268 s.259(3)
• Succession Act Cap 268 s.273(1)
• Succession Act Cap 268 s.337(2)
• Succession Act Cap 268 s.337(4)
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules SI 71-1 Order 52 rule 1
• Civil Procedure Rules SI 71-1 Order 52 rule 3
• Civil Procedure Rules SI 71-1 Order 15 rule 5

Cases cited (7)

• Tolith Andrew v Dholaga Fred (High Court Miscellaneous Appeal No. 3 of 2020)
• Saggu v Road Motor Cycles (U) Ltd [2002] 1 EA 258
• Hadijah Ndagire and Another v Muhammad Kasozi and Others (HCCS No. 40 of 2014)
• Molly Kyalikunda Turinawe and Others v Engineer Ephraim Turinawe and Another (Supreme Court Civil Application 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.