Murru Adballah Aziz and Another v Eric Baleteirewa and Others (Miscellaneous Application 932 of 2026)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where administrators of an estate have obtained consent from all beneficiaries and demonstrate that delayed gratuity payments prevented timely filing of final accounts, the court may extend Letters of Administration under Succession Act s.256(3) provided it is in the best interests of beneficiaries. Extension granted conditional upon filing inventory and accounts within two months.
Outcome
Application granted with conditions requiring filing of inventory and accounts within two months, after which Letters of Administration extended for two years
Facts
The Late Waiswa Florence died intestate on 11 June 2021, survived by five children. Letters of Administration were granted to her husband (1st Applicant) and son (2nd Applicant) on 13 December 2023 vide Administration Cause No. 824 of 2023. The administrators filed a partial inventory on 12 June 2024 but did not file a final account within the statutory six-month period. The Letters of Administration lapsed on 13 December 2025. The administrators applied for extension, explaining that the deceased's gratuity was paid in installments with the final payment received after the Letters had expired. They had also applied to remove the deceased's name from a Certificate of Title. All five beneficiaries consented to the application for extension.
Issues
- Whether there is sufficient cause to warrant the grant of this Application for extension of Letters of Administration and leave to file inventory and final account out of time.
Orders
- The Applicants should first file a final inventory of the estate of the Late Waiswa Florence within two (2) months from the date of this Ruling.
- The Applicants should also file a full and proper account of the estate of the Late Waiswa Florence within two (2) months from the date of this Ruling, accounting for the period during which they have administered the estate.
- Upon compliance with Orders (1) and (2) above, the Letters of Administration in respect of the estate of the Late Waiswa Florence shall be extended for a further period of two (2) years to enable the Applicants conclude the administration of the estate.
- No order as to costs.
Rules and key headnotes
Legislation cited (11)
- Succession Act Cap. 268 s.273(1)
- Succession Act Cap. 268 s.256(3)
- Succession Act Cap. 268 s.256(2)
- Succession Act Cap. 268 s.256(4)
- Succession Act Cap. 268 s.212
- Succession Act Cap. 268 s.23(2)
- Civil Procedure Act Cap. 282 s.96
- Civil Procedure Act Cap. 282 s.98
- Judicature Act Cap. 16 s.37
- Civil Procedure Rules SI 71-1 Order 6 rule 19
- Civil Procedure Rules SI 71-1 Order 52 Rules 1, 2 & 3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.