Wakilii

Olucha David Juma and Another v Bukamba Noah (Miscellaneous Application No.4585 of 2025)

High Court · [2025] UGHCFD 103 · 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 amended inventory arising from Administrative Cause No. 821 of 2021
Decision
Letters of administration extended for one year; applicants granted leave to file amended inventory within six months

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application for extension of letters of administration and leave to file an amended inventory. Letters of administration issued before 31 May 2022 may be extended under Section 337(4) of the Succession Act. The court may entertain applications filed after expiry of the grant under Section 34(3) of the Interpretation Act. Sufficient cause was established where estate property was discovered after the original inventory was filed and the administrators had acted diligently in distributing other estate property to the minor beneficiary.

Outcome

Letters of administration extended for one year; applicants granted leave to file amended inventory within six months

Facts

Ajambo Achola Susan died intestate on 3 August 2019. Letters of administration were granted to the applicants on 29 March 2022 vide Administrative Cause No. 821 of 2021. The applicants filed an inventory on 10 October 2023. The deceased was survived by the respondent, her biological child, a minor aged 17 years. Unknown to the applicants or respondent, the deceased had applied for freehold land in Busia district on 10 May 2018, which was registered in her name on 20 February 2025. The applicants had already transferred other estate property (land at Namugongo) into the minor beneficiary's name in January 2021 and September 2022. The letters of administration expired on 31 May 2025 by operation of the Succession Amendment Act 2022. The applicants filed this application on 16 June 2025 seeking extension of the letters and leave to file an amended inventory to include the newly discovered property.

Issues

  1. Whether leave should be granted to the applicants to file an amended inventory.
  2. Whether an order for renewal or extension of letters of administration should be granted.

Orders

  • Application allowed.
  • The Letters of Administration of the estate of the Late Ajambo Achola Susan issued vide Administration Cause No. 821 of 2021 to the applicants are hereby extended for a period of one year from the date of this ruling.
  • The Applicants are granted leave to file an amended inventory and final account of the estate vide Administration Cause No. 821 of 2021.
  • The Applicants are 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; (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 and to whom with justification and proof of receipt.
  • The said inventory should be filed within six months from the date of this Ruling.

Rules and key headnotes

Letters of Administration — Extension — Distinction from Renewal
An extension relates to a grant that is still valid and has not yet expired, while a renewal relates to an already expired grant.
Letters of Administration — Extension — Grants Issued Before 31 May 2022
A grant of probate or letters of administration issued before 31 May 2022 remains in force for three years from 31 May 2022 under Section 337(2) of the Succession Act, and the duration may be extended for a reasonable period on application under Section 337(4).
Interpretation Act — Extension of Time — Application After Expiry
Under Section 34(3) of the Interpretation Act, where an Act prescribes a time for doing any act and gives power to a court to extend that time, the power may be exercised although the application is not made until 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 inability to perform the task. The court has discretion to determine what amounts to sufficient cause, and the applicant must show the delay was beyond their control and not due to negligence or unreasonable delay.
Inventory — Amendment — Discovery of Estate Property After Filing
Where estate property is discovered after an inventory has been filed and the administrators have otherwise acted diligently in distributing known estate property to beneficiaries, this constitutes sufficient cause to grant leave to file an amended inventory.
Extension of Time — Test for Granting
In determining an application for extension of time, the court must consider: (1) whether the applicant has established sufficient reasons for the court to extend time; (2) whether the applicant is guilty of dilatory conduct; and (3) whether any injustice will be caused if the application is not granted.

Legislation cited (11)

Cases cited (5)

  • Hajjat Ndagire and Another v Muhammad Kasozi and Others (HCCS No. 40 of 2014)
  • Molly Kyallikunda Turinawe and Others v Engineer Ephraim Turinawe and Another (SCCA No. 27 of 2010)
  • Mugo and Others v Wanjiru and Another [1970] EA 481
  • The Registered Trustees of the Archdiocese of Dar es Salam V the Chairman Bunju Village Government & Ors
  • Gideon Mosa Onchwati v Kenya Oil Co. Ltd and Another [2017] KLR

Full judgment

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

Olucha David Juma and Another v Bukamba Noah (Miscellaneous Application No.4585 of 2025) [2025] UGHCFD 103 (3 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.