Wakilii

Nabasumba v Basemera and Others (Miscellaneous Application 578 of 2023)

High Court · [2023] UGHCFD 81 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file inventory and account out of time arising from Administration Cause No. 1306 of 2021
Decision
Application granted with leave to file inventory within 3 months

Observed later treatment

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Holding

The High Court granted leave to file an inventory and account out of time where the administrator demonstrated sufficient reasons for the delay. The applicant's delay was caused by NSSF verification processes regarding survivors' benefits which extended beyond the statutory six-month period. The court found it in the interest of the estate that the inventory be filed.

Outcome

Application granted with leave to file inventory within 3 months

Facts

Stephen Karozi died on 11 June 2021. Letters of Administration were granted to Nabasumba Olivia on 15 December 2021 in Administration Cause No. 1306 of 2021. The applicant and three respondents (who are minors) are the only beneficiaries to the estate. The applicant was unable to file the inventory and account within the statutory six-month period because NSSF was conducting verification processes regarding survivors' benefits for the deceased. NSSF initially requested baptism cards for the respondents and approximately a year later accepted birth certificates. The verification process extended beyond the six-month statutory deadline. The applicant prepared a draft inventory and was ready to file it.

Issues

  1. Whether leave to file an inventory out of time should be granted to the Applicant.

Orders

  • Leave to file a true inventory and account of the estate of the late Stephen Karozi out of time is granted.
  • The inventory must be filed within 3 months from this ruling.
  • No order as to costs.

Rules and key headnotes

Succession & Estates — Inventory and Account — Extension of Time — Sufficient Reasons
Where an administrator demonstrates sufficient reasons for delay in filing an inventory within the statutory six-month period under section 278(1) of the Succession Act, the court may exercise its discretion under section 33 of the Judicature Act to grant leave to file the inventory out of time, particularly where it is in the interest of the estate that the inventory be filed.
Succession & Estates — Inventory and Account — Delay Caused by Third Party Verification
Delay in filing an inventory caused by verification processes conducted by NSSF regarding survivors' benefits constitutes sufficient reason for granting an extension of time where the verification extended beyond the statutory period and was beyond the administrator's control.

Legislation cited (3)

Cases cited (1)

  • Hadijah Ndagire and Hajat Farida Ndagire v Mohammad Kasozi and 15 Others (Civil Suit No. 40 of 2014)

Full judgment

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

Nabasumba v Basemera and Others (Miscellaneous Application 578 of 2023) [2023] UGHCFD 81 (20 September 2023)
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.