In The Matter Of Estate Of Mubangizi Agapitus (Administration Cause No. 47 of 2026) [2026] UGHC 1058 (10 September 2026)

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KABALE IN THE MATTER OF THE ESTATE OF THE LATE MUBANGIZI AGAPITUS (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF PROBATE BY TUMWESIGYE BRUNO, THE EXECUTOR OF THE WILL. RULING BY HON. JUSTICE KAROLI LWANGA SSEMOGERERE. This is an application for grant of letters of probate. Rev. Fr. Tumwesigye Bruno is the executor of the will of the deceased. Executor is represented by Ms. Agnes Natukunda of M/S Orchid and Co. Advocates holding brief for Mr. Kamwesigye Fred of M/S MOM Advocates. The deceased died on May 14th, 2025. He left a will dated September 22, 2022 marked as “Annexure A” to the petition for probate. The estate of the deceased has several properties listed in Paragraph 7 of the petition; all located in Kabale district in the jurisdiction of this honourable court. This petition is barred in law as the application was filed on August 17, 2026, more than one year from the date of the death of the testator. Section 240(2) of the Succession Act, Cap 268 (the “Succession Act”) provides as follows: “The application referred to in sub-section (1) shall be made within one year from the date of the death of the testator.” Emphasis mine. Consideration of this application by court outside the 1 year provided above would be an illegality. In Ngabirano David Turwomwe v Susan Turomwe and Others (CIVIL SUIT NO. 010 OF 2025; HCT-11-FD-CS-11-2026) [2026] UGHC 793 (14 July 2026), this court upheld the grant of probate made within one year of the death of the deceased, which period also applies to challenges to grant of probate made by court. Court held as follows: “I find on the face of the pleadings, that probate was properly granted in compliance with the law in MKA 43 of 1994. Probate was granted within one year from the date of death of the deceased. Section 240(2) of the Succession Act was complied with.” Temporal jurisdiction or jurisdiction ratione temporis means a court only has authority to hear a case if the events in question happened during the specific time permitted by law. To act outside the law would be a clear illegality and continuance of these proceedings is a nullity in the eyes of the law. The Succession Act, being the specific law on matters of succession, has in this instance, provided for time, as the basis for court to exercise jurisdiction. The petition for 1 5 10 15 20 25 30 35 grant of probate is struck out, without prejudice to the interested parties applying for other reliefs under the Succession Act. Findings and Conclusions: 1. Petition for Probate in Administration Cause No. 47 of 2026 is ordered struck out. 2. No order is made as to costs. I SO ORDER, DATED AT KABALE THIS 10TH DAY OF SEPTEMBER 2026. SSEMOGERERE, KAROLI LWANGA JUDGE. 2 5 10