Rwamukonjo Charles v Joseph Rwamukonjo Nsamba and Others (Miscellaneous Application 7489 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Court partly granted application for renewal of Letters of Administration and leave to file inventory out of time. Applicant granted leave to file inventory and account within two months but renewal of Letters of Administration denied because consent was obtained from only five of ten beneficiaries, with no proof of death provided for the remaining beneficiaries who did not consent.
Outcome
Application partly allowed — leave granted to file inventory and account within two months; renewal of Letters of Administration not granted
Facts
Rwamukonjo Charles was granted Letters of Administration for the estate of the Late Rwamukonjo Restituta on 19 May 2013 vide Administration Cause No. 305 of 2013. The Letters of Administration expired by operation of law after two years. The administrator never filed an inventory or account of the estate as required under Section 273(1) of the Succession Act. The deceased was survived by ten children. The applicant sought renewal and extension of the Letters of Administration and leave to file an inventory out of time. The applicant explained that delay in ascertaining estate property hindered timely filing of the inventory. Only five of the ten beneficiaries executed consent to the application dated 30 October 2025.
Issues
- Whether there is sufficient cause to warrant the grant of this Application?
Orders
- The Applicant is granted leave to file an inventory of the estate of the Late Rwamukonjo Restituta within two months from the date of this Ruling.
- The Applicant should also file an account of the estate of the Late Rwamukonjo Restituta within two months from the date of this Ruling accounting for the period he had the Letters of Administration.
- No order as to costs.
Rules and key headnotes
Legislation cited (10)
- Succession Act Cap. 268 s.278
- Succession Act Cap. 268 s.256(2)
- Succession Act Cap. 268 s.256(3)
- Succession Act Cap. 268 s.256(4)
- Succession Act Cap. 268 s.273(1)
- Succession Act Cap. 268 s.212
- Succession Act Cap. 268 s.23(2)
- Civil Procedure Act Cap. 282 s.98
- Judicature Act Cap. 16 s.37
- Civil Procedure Rules SI 71-1 Order 52 Rules 1 and 3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.