Otim Grace Irene and Others v Estate of the Late Otim George Austine (Miscellaneous Application No. 1796 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application to renew and extend letters of administration that had expired by operation of law under Section 337(2) of the Succession Act, and granted leave to file inventory and accounts out of time. The court held that administrators demonstrated sufficient cause for the delay where estate property was in a dilapidated state requiring improvement before generating returns, and where beneficiaries consented to the extension. The letters were extended for two years with directions to file updated inventory within six months.

Outcome

Letters of administration extended for two years; leave granted to file inventory and accounts out of time with specific directions

Facts

Otim George Austine died on 6 August 2017. Letters of administration were granted to his widow Otim Grace Irene and sons Gerald Edmond Laker and Godwin Otim on 26 November 2018. The administrators did not file the required inventory within six months as mandated by Section 273(1) of the Succession Act. The letters of administration expired on 31 May 2025 by operation of Section 337(2) of the Succession Act. The administrators filed this application on 17 February 2025 seeking renewal and extension of the letters and leave to file inventory and accounts out of time. They explained that the deceased's property was in a dilapidated state requiring improvement before generating returns, the deceased had been bedridden for a prolonged period, most beneficiaries were abroad, and the burden of managing the estate fell on one person. Nine beneficiaries consented to the application and attached their identification documents.

Issues

1. Whether the application contains grounds for the applicants to be granted leave and extension of time to file an inventory and final account in Administration Cause No. 830 of 2018.
2. Whether the applicants have grounds for the extension of the letters of administrator granted by this honourable court on 26th November 2018.

Orders

• The application is granted.
• The Letters of Administration of the Estate of Late Otim George Austin issued vide Administrative Cause No. 830 of 2018 are hereby extended for a period of two years from the date of this ruling.
• Leave is hereby granted to file the inventory in Administration Cause No. 830 of 2018 out of time.
• 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 probate; Names of executor; 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 immovable 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 beneficiaries with justification and family minutes; (g) For property already distributed, a list of properties distributed, to whom, justification and proof of receipt.
• The said inventory should be filed within six months from the date of this Ruling.

Rules and key headnotes

Legislation cited (13)

• Succession Act Cap 268 s.273(1)
• Succession Act Cap 268 s.273(2)
• Succession Act Cap 268 s.273(3)
• Succession Act Cap 268 s.337(2)
• Succession Act Cap 268 s.337(4)
• Succession Act Cap 268 s.176
• Succession Act Cap 268 s.188
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Act Cap 282 s.96
• Judicature Act s.33
• Judicature Act Cap 16 s.37
• Civil Procedure Rules SI 71-1 Order 52 rules 1, 2 and 3
• Civil Procedure Rules Order 15 rule 5

Cases cited (7)

• Molly Kyallikunda Turinawe & Ors v Engineer Turinawe & Anor (Supreme Court Civil Appeal No. 27 of 2010)
• Abubaker Sebalamu Ganya v Yasmin Nalwoga (Supreme Court Civil Appeal No. 14 of 2017)
• Hadijah Ndagire & Anor v Muhammad Kasozi & Ors (High Court Civil Suit No. 40 of 2014)
• Re Estate of the Late Atwiine Sharon (High Court Miscellaneous Application No. 81 of 2023)
• Mugo and Ors v Wanjiru & 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 & Anor [2017] KLR

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