Wakilii

Mulondo Charles and 2 Others v Beneficiaries of the Estate of the Late Nankya Alice Mulondo (Miscellaneous Application No. 1574 of 2025)

High Court · [2025] UGHCFD 163 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file inventory out of time arising from Administration Cause
Decision
Application granted with directions for filing inventory within 30 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application for leave to file an inventory out of time. The applicants, who were administrators and sole beneficiaries of the estate, had delayed filing the inventory due to a mistaken belief that estate properties had to be transferred before filing. The court held that the primary purpose of an inventory is to establish and inform the court what the estate consists of, not to show completed distribution. The delay was justified and no injustice would result from granting the extension.

Outcome

Application granted with directions for filing inventory within 30 days

Facts

The applicants were granted Letters of Administration for the estate of the late Nankya Alice Mulondo in October 2023 vide Administration Cause No. 841 of 2023. They were required to file an inventory within six months from receiving the grant. The applicants failed to file the inventory within the prescribed time. They explained that they had not fully distributed the estate properties because they had not found a suitable purchaser for one property and had not yet transferred properties into their names. The three applicants were also the only beneficiaries of the estate. They attached a draft interim inventory to demonstrate their willingness to fulfill their obligations as administrators.

Issues

  1. Whether there are sufficient grounds for the Applicants to be granted leave to file an inventory out of time.

Orders

  • The Applicants are hereby granted leave to file the inventory vide Administration Cause No. 841 of 2023 out of time.
  • The Applicants are directed to file the inventory clearly showing: Part A (deceased's details and administration details); Part B (properties forming part of estate with documentary evidence and status update); Part C (credits of deceased); Part D (debts of deceased); Part E (list of beneficiaries with National IDs); Part F (proposed distribution with family minutes); Part G (property already distributed with justification and proof).
  • The said inventory and accountability should be signed by all the Administrators and Beneficiaries and filed within 30 (thirty) days from the date of receipt of this Ruling.
  • Costs of this Application shall be in the cause.

Rules and key headnotes

Administration of Estates — Inventory Filing — Purpose and Timing
The primary purpose of filing an inventory under section 273(1) of the Succession Act is for administrators to establish and ascertain what the estate consists of and inform the court of these findings, not to show that distribution has been completed or that properties have been transferred.
Extension of Time — Sufficient Cause — Liberal Construction
The words 'sufficient cause' for extension of time should receive a liberal construction in order to advance substantial justice when no negligence or inaction or want of bona fides is imputed to the applicant.
Extension of Time — Three-Part Test
Before disposing of an application for extension of time, the court must determine: (1) whether the applicant has established sufficient reasons for the court to extend time; (2) whether the applicant is guilty of dilatory conduct; and (3) whether any injustice will be caused if the application is not granted.
Administration of Estates — Extension of Time — Mistaken Belief as Justification
A mistaken belief by administrators that estate properties must be transferred before filing an inventory can constitute sufficient cause for extension of time to file the inventory, particularly where the administrators are also the sole beneficiaries and have demonstrated willingness to fulfill their obligations.

Legislation cited (3)

Cases cited (5)

  • 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

Full judgment

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

Mulondo Charles and 2 Others v Beneficiaries of the Estate of the Late Nankya Alice Mulondo (Miscellaneous Application No. 1574 of 2025) [2025] UGHCFD 163 (28 May 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.