Ndugwa Hubert and 13 Others v Mildred Nakawunde Ssemwogerere and 2 Others (Miscellaneous Application No. 288 of 2025)

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.

Holding

The court held that granting an extension of a grant of probate without the consent of the beneficiaries constitutes an error apparent on the face of the record, as beneficiaries' consent is a legal requirement that cannot be dispensed with. The application for review succeeded. The court renewed the grant of probate for one year and ordered the executors to complete all transfer formalities within three months and hand over signed documents to beneficiaries, who would then complete transfers at their own cost.

Outcome

Application for review granted; grant of probate renewed for one year with conditions requiring executors to complete transfer formalities within three months and hand over documents to beneficiaries

Facts

The applicants are beneficiaries of the estate of the late Ssemwogerere Gerald Magella. The three respondents were appointed executors via Probate Cause No. 11 of 2020 on 13 March 2020. The grant of probate expired by operation of law. The respondents applied for renewal via HCMA No. 233 of 2025, which was granted for a two-year extension without the consent of the beneficiaries. The beneficiaries alleged that the executors did not need two years to complete administration because most properties had been distributed, beneficiaries were all adults capable of managing the estate, and a company had been established with beneficiaries as directors. The only remaining task was to deliver certificates of title held by the 3rd respondent. During the hearing, the 3rd respondent stated the estate had over 40 certificates of title and they had transferred 17 so far. The 14th applicant stated the 3rd respondent demanded increasing sums of money. The beneficiaries sought a shorter extension period.

Issues

1. Whether the ruling in HCMA No. 233 of 2025 granting extension of the grant of probate without the consent of the beneficiaries constituted an error apparent on the face of the record.
2. Whether the period of extension of the grant of probate should be reduced from two years to six months in the interest of the beneficiaries.

Orders

• Application for review succeeds.
• The Ruling and orders in HCMA No. 233 of 2025 are hereby reviewed.
• The grant of probate to Mildred Nakawunde Ssemwogerere, Rev. Fr. Henry Kasule, and John Baptist Kawanga vide Probate Cause No. 11 of 2020 in respect of the Estate of the late Ssemwogerere Gerald Magella is hereby renewed for a further period of only 1 year.
• The Executors shall obtain and sign all transfer forms and mutation forms (where necessary) in favour of the relevant beneficiaries as per the will within 3 months from the date of this ruling.
• The Executors shall thereafter hand over all the signed documents to the respective beneficiaries who shall transfer the respective properties that are not yet transferred, at their own cost, within three months of this ruling.
• The Executors shall file an account/inventory in this Court within 6 months from the date of receipt of this ruling.
• In the interest of reconciliation and harmony, each party shall bear their own costs of the Application.

Rules and key headnotes

Legislation cited (5)

• Judicature Act Cap. 16 s.37
• Civil Procedure Act Cap. 282 s.82
• Civil Procedure Act Cap. 282 s.98
• Civil Procedure Rules S.I. 71-1 Order 46 Rule 1
• Civil Procedure Rules S.I. 71-1 Order 46 Rule 8

Cases cited (2)

• Nyamogo and Nyamogo Advocates v Kago [2001] 2 EA 173
• Igga and 14 Others v Moyo Town Council and Another (HCMA No. 11 of 2016)

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