Najjuma Harriet and Others v Kasoma Alex and Others (Administration Cause No. 205 of 2019)
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.
AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.
Holding
The High Court granted leave to file an inventory out of time and extended the grant of letters of administration for twelve months where administrators demonstrated sufficient cause for delay through bereavement, serious illness, and estate complications involving squatters. The Court declined to issue a fresh grant to one administrator alone, finding insufficient evidence of maladministration to justify removal of co-administrators, and imposed strict compliance timelines to ensure completion of estate administration.
Outcome
Grant of letters of administration extended for twelve months with strict compliance timelines imposed; leave granted to file inventory out of time; alternative prayer for fresh grant declined
Facts
Letters of administration to the estate of the late Kyobula Alekisan Derena were granted on 20 December 2019 to three administrators jointly. The administrators failed to file the required inventory within the statutory six-month period. One administrator lost a child in March 2020, causing emotional distress. The third administrator suffered serious illness from 2021 requiring continuous medical attention. The estate land was substantially encumbered by squatters occupying approximately sixteen of twenty acres. A family meeting convened on 3 September 2025 resolved to support the administrators' application. The administrators sought leave to file the inventory out of time, extension of the grant, and alternatively, issuance of a fresh grant to Najjuma Harriet alone on grounds that the co-administrators were of advanced age and medically incapacitated.
Issues
- Whether the applicants have shown sufficient cause to warrant leave to file the inventory out of time.
- Whether the grant of letters of administration should be extended.
- Whether circumstances justify the issuance of a fresh grant to Najjuma Harriet alone.
- What orders are appropriate in the circumstances.
Orders
- Leave granted to the applicants to file the inventory out of time.
- Letters of Administration issued on 20 December 2019 extended for twelve months from the date of this ruling.
- Administrators shall file and lodge in Court a full and verified inventory within sixty days from the date hereof.
- Administrators shall thereafter take immediate steps toward lawful distribution strictly in accordance with the Succession Act and subject to Court supervision.
- Alternative prayer for issuance of a fresh grant to Najjuma Harriet alone declined.
- Costs of the application shall be in the cause.
Rules and key headnotes
Legislation cited (5)
- Succession Act s.273
- Succession Act s.337
- Civil Procedure Act s.98
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.