Wakilii

Nabikoolo Bridget Mugambe v Estate of the Late Ngabirano Simon (Miscellaneous Application No. 4381 of 2025)

High Court · [2025] UGHCFD 109 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of letters of administration and leave to file inventory out of time arising from Administration Cause No. 0255 of 2021
Decision
Letters of administration extended for two years; applicant granted leave to file inventory out of time within eight months

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application to extend letters of administration and to file an inventory out of time. Letters of administration issued before 31 May 2022 may be extended under Section 337(4) of the Succession Act where the administrator demonstrates sufficient cause. Delays caused by difficulties tracing estate property and the minority of beneficiaries constitute sufficient cause. The court may entertain applications filed after expiry of the grant under Section 34(3) of the Interpretation Act in the interest of justice.

Outcome

Letters of administration extended for two years; applicant granted leave to file inventory out of time within eight months

Facts

Ngabirano Simon died on 21 January 2021. Letters of administration were granted to the applicant, his widow, on 6 December 2021 vide Administration Cause No. 0255 of 2021. The applicant failed to file the required inventory within six months because she was still tracing property in Rwenyinje village Cell, Ruhindi Parish, Mbarara District. The letters of administration expired on 31 May 2025 by operation of Section 337(2) of the Succession Act. The deceased was survived by three beneficiaries, all minors. The applicant filed this application on 5 June 2025, after the grant had expired, seeking extension of the letters and leave to file the inventory out of time.

Issues

  1. Whether letters of administration vide Administration Cause No. 0255 of 2021 can be extended for a further period of 2 years or any other reasonable time.
  2. Whether there is sufficient reason for the applicant to be granted leave to file inventory out of time.

Orders

  • The application is granted.
  • The letters of administration of the Estate of Late Ngabirano Simon issued vide Administrative Cause No. 0255 of 2021 are hereby extended for a period of two years from the date of this Ruling.
  • The Applicant is granted leave to file the inventory in Administrative Cause No. 0255 of 2021 out of time.
  • The Applicant is directed to file the updated inventory clearly showing: (a) 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; (b) Properties that formed part of the deceased's estate as at the date of death with certified documentary evidence for immoveable properties and descriptions for moveable properties, with status updates; (c) Credits of the deceased; (d) Debts of the deceased; (e) List of beneficiaries and their National IDs; (f) Proposed distribution of properties among the beneficiaries with justification; (g) For property already distributed, a list of properties distributed, to whom, justification, and proof of receipt.
  • The said inventory should be filed within eight months from the date of this Ruling.

Rules and key headnotes

Letters of Administration — Extension — Grants Issued Before 31 May 2022
Letters of administration issued before 31 May 2022 remain in force for three years from 31 May 2022 under Section 337(2) of the Succession Act, and may be extended for a reasonable period under Section 337(4) on application by the administrator where sufficient cause is shown.
Extension of Time — Applications Filed After Expiry of Prescribed Period
Under Section 34(3) of the Interpretation Act, where an Act prescribes a time for doing any act and gives the court power to extend that time, the court may exercise that power even where the application is made after expiration of the prescribed time.
Inventory — Extension of Time — Sufficient Cause
An administrator who fails to file an inventory within six months under Section 273(1) of the Succession Act must apply for extension of time stating reasons for the delay. The court will grant the application if persuaded by the administrator's grounds and if the delay was beyond the administrator's control and not due to negligence.
Letters of Administration — Minority of Beneficiaries — Continuation of Grant
Where the beneficiaries of an estate are minors, letters of administration shall continue to remain valid until the beneficiaries reach majority age by virtue of Sections 23 and 256(4)(b) of the Succession Act.
Procedural Irregularity — Wrong Citation of Law — Effect on Jurisdiction
Where an application cites the wrong provision of law but the court has jurisdiction to grant the order sought, the irregularity or omission can be ignored and the correct law applied, provided the wrong citation does not go to jurisdiction or cause prejudice to the opposite side.

Legislation cited (16)

Cases cited (8)

  • Tolith Andrew v Dholaga Fred (High Court Miscellaneous Appeal No. 3 of 2020)
  • Saggu v Road Motor Cycles (U) Ltd [2002] 1 EA 258
  • Mary Nabatanzi v Haji Hassan Lubega & Another (Court of Appeal Civil Appeal No. 147 of 2016)
  • Hadijah Ndagire and Hajjat Faridah Ndagire v Mohammed Kasozi and 16 Others (Civil Suit No. 40 of 2014)
  • Molly Kyalikunda Turinawe & Others v Engineer Ephraim Turinawe & Another (SCCA No. 27 of 2010)
  • Mugo and Others v Wanjiru & 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 & Another [2017] KLR

Full judgment

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

Nabikoolo Bridget Mugambe v Estate of the Late Ngabirano Simon (Miscellaneous Application No. 4381 of 2025) [2025] UGHCFD 109 (26 September 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.