Wakilii

Rhoda Peace Tumusiime and Another v Kalyango Edward and Others (Miscellaneous Application No. 3283 of 2025)

High Court · [2025] UGHCFD 130 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file inventory out of time arising from Administration Cause No. 1 of 2007
Decision
Application granted; administrators given leave to file inventory out of time and grant of probate extended for six months

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Holding

The High Court granted the administrators leave to file an inventory out of time where the delay was caused by former counsel who misplaced the inventory during an office move. The court held that the mistake of counsel should not be visited upon the applicants, and that the reasons furnished constituted sufficient cause under Section 273(1) of the Succession Act. The court extended the grant of probate for six months and directed the filing of an updated inventory within three months.

Outcome

Application granted; administrators given leave to file inventory out of time and grant of probate extended for six months

Facts

Edward K. Tumusiime died on 16 March 1983. The applicants obtained letters of administration on 17 February 2007 via Administration Cause No. 1 of 2007. The applicants prepared and signed an inventory and handed it to their former lawyer for filing within the prescribed six-month period. The lawyer informed them he would file it within time, but failed to do so and misplaced the inventory when shifting offices. The applicants did not discover this failure until much later. The deceased was survived by six children who consented to the application. The grant of probate had expired by operation of Section 337(2) and (4) of the Succession Act.

Issues

  1. Whether there is sufficient cause for the inventory to be filed out of time.

Orders

  • Grant of Probate for the Estate of the Late Edward K. Tumusiime issued vide AC. 0001 of 2007 extended for an additional six months from the date of this ruling.
  • Applicants granted leave to file the inventory of the estate vide Administration Cause No. 0001 of 2007 out of time.
  • Applicants directed to file updated inventory within three months from the date of this ruling, containing specified details including deceased's information, properties, credits, debts, beneficiaries, and proposed distribution.
  • Application allowed.

Rules and key headnotes

Succession & Estates — Extension of Time — Filing of Inventory — Sufficient Cause
Under Section 273(1) of the Succession Act, an administrator who is unable to file an inventory within the prescribed six months is duty bound to apply to the court which issued the grant for extension of time, stating the reasons for inability to perform the required task. The court has discretion to grant the application if persuaded by the administrator's grounds.
Succession & Estates — Extension of Time — Mistake of Counsel — Not Visited on Client
The mistake of an administrator's former counsel in misplacing an inventory and failing to file it within the prescribed time should not be visited upon the administrator where the administrator acted diligently in preparing and delivering the inventory to counsel for filing.
Civil Procedure — Extension of Time — Sufficient Cause — Liberal Construction
The words 'sufficient cause' should receive a liberal construction in order to advance substantial justice when no negligence or inaction or want of bona fides is imputed to the applicant. In estate matters, the applicant must show that the reason for delay was beyond his or her control and not because of negligence or unreasonable delay.
Succession & Estates — Grant of Probate — Extension — Expired Grant
Where a grant of probate has expired by operation of Section 337(2) and (4) of the Succession Act, the court may exercise its powers under Section 98 of the Civil Procedure Act to extend the probate for the purpose of filing an inventory out of time where sufficient cause is shown and it is in the interest of justice.

Legislation cited (8)

Cases cited (6)

  • Hadijah Ndagire and Another v Mohammed Kasozi and 15 Others [2021] UGHCLD 38
  • Hajat Ndagire and Another v Muhammad Kasozi and Others (HCCS No. 40 of 2014)
  • Molly Kyalikunda Turinawe and Others v Engineer 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 versus 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.

Rhoda Peace Tumusiime and Another v Kalyango Edward and Others (Miscellaneous Application No. 3283 of 2025) [2025] UGHCFD 130 (10 October 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.