Wakilii

Tabula Kaye Vicent and 3 Others v Beneficiaries of the Estate of the Late Bwette Phillip (Miscellaneous Application No. 1972 of 2025)

High Court · [2025] UGHCFD 155 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file inventory and account out of time arising from administration cause
Decision
Administrators granted leave to file inventory and account out of time with detailed requirements specified

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted leave to file an updated inventory and account out of time. The applicants, appointed administrators in 2017, had failed to file the required inventory within six months or account within one year as mandated by section 273(1) of the Succession Act. The court found sufficient cause for the delay, namely lack of information about estate properties and missing documents, though the administrators were guilty of dilatory conduct. Denying the application would cause injustice to beneficiaries entitled to know the estate's composition and status.

Outcome

Administrators granted leave to file inventory and account out of time with detailed requirements specified

Facts

Letters of Administration for the estate of the late Bwette Phillip were granted to the four applicants on 24 May 2017 under Administration Cause No. 1838 of 2016. The administrators were required to file an inventory within six months and an account within one year of the grant. They filed only a partial draft inventory on 13 June 2018 but failed to file a final inventory or any accountability. The applicants attributed the delay to difficulties investigating the deceased's properties, lack of sufficient information about the estate, and missing documents concerning the properties. They stated that information regarding the properties was only recently obtained. The application sought leave to file an updated inventory and final accounts out of time.

Issues

  1. Whether there is sufficient cause to warrant leave of court to file an updated inventory and accountability out of time.

Orders

  • Application granted.
  • Administrators granted leave to file an updated final inventory out of time showing: (a) Part A - deceased's name, date of death, administration cause number, date of letters, administrators' names, submission date; (b) Part B - properties at date of death with documentary evidence and status update; (c) Part C - credits; (d) Part D - debts; (e) Part E - beneficiaries list with National IDs; (f) Part F - proposed distribution with family minutes; (g) Part G - properties already distributed with justification and proof.
  • Updated final inventory and accountability to be filed within thirty (30) days from date of ruling.
  • No order as to costs.

Rules and key headnotes

Succession & Estates — Administration of Estates — Inventory and Account — Statutory Requirement under Section 273(1) Succession Act
Section 273(1) of the Succession Act requires an executor or administrator to exhibit an inventory within six months from the grant of probate or letters of administration, and an account within one year, or within such further time as the court may appoint.
Civil Procedure — Extension of Time — Test for Sufficient Cause
In determining an application for extension of time, the court must consider three questions: whether the applicant has established sufficient reasons for the extension; whether the applicant is guilty of dilatory conduct; and whether any injustice will be caused if the application is not granted.
Civil Procedure — Extension of Time — Meaning of Sufficient Cause
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. Each application must be decided in the particular circumstances of the case.
Succession & Estates — Administration of Estates — Purpose of Inventory Requirement
The primary purpose of the inventory requirement is for administrators to establish what the estate consists of and to use the authority granted by the letters to investigate and establish the estate's composition. It is not necessary at the inventory stage to show that distribution has been done, but primarily to show what the estate consists of, including any adverse claims and the actual status of the estate.
Succession & Estates — Administration of Estates — Justification for Delay — Lack of Information about Estate
Lack of pertinent information regarding the estate, including missing documents concerning properties, constitutes a justifiable reason for delay in filing an inventory, since an administrator cannot file a final inventory if they do not know exactly what the estate consists of.

Legislation cited (5)

Cases cited (6)

  • Hajjat Ndagire and Another v Muhammad Kasozi and Others (High Court Civil Suit No. 40 of 2014)
  • Molly Kyalikunda Turinawe and Others v Engineer Turinawe and Another (Supreme Court Civil Appeal 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
  • Huo Yan Fang v Dong Hoon Kim (High Court Civil Suit No. 22 of 2018)

Full judgment

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Tabula Kaye Vicent and 3 Others v Beneficiaries of the Estate of the Late Bwette Phillip (Miscellaneous Application No. 1972 of 2025) [2025] UGHCFD 155 (26 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.