Ssemanda John and Others (Miscellaneous Application No. 2 of 2026) [2026] UGHC 1109 (29 May 2026)

1 | Page THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT WAKISO MISCELLANEOUS APPLICATION NO. 002 OF 2026 (Arising from HCT-AC-NO. 568 OF 2018) 1. SSEMANDA JOHN ::::::::::::: APPLICANTS 2. MAYANJA KAMBUGU MATIA 3. NAKAZIBWE CISSY (Administrators of the Estate of the late KAFUMA MATIA) BEFORE: HON. LADY JUSTICE DR. GRACE FLAVIA LAMUNO RULING The Applicants brought this Application by Notice of Motion under Sections 96 and 98 of the Civil Procedure Act Cap 282, Section 37 of the Judicature Act Cap 16, Sections 273 (1), 256 (3) and 337 of the Succession Act Cap 268, and Orders 51 rule 6 & 52 rules 1 & 3 of the Civil Procedure Rules seeking the following orders that; the Applicant be granted leave to file a final inventory of the Estate of the late Kafuma Matia, the letters of Administration of the estate of the late KAFUMA MATIA vide Administration Cause No. 568 of 2018 granted to the Applicants on the 7th day of Febr uary 2019 be extended or renewed for a reasonable period of time and no order as to costs. The Applicants were represented by l earned Counsel Mugendada Nicholas from M/S Serwadda & Co. Advocates. The Application is supported by an affidavit deposed by the 2nd Applicant. In the affidavit in support of the Application, it is shown that the Applicants were granted Letters of Administration on the 7th day of February 2019. They secured and accessed quite a number of the properties left by the deceased and distributed the entire estate to the rightful beneficiaries but some have not transferred their 2 | Page shares into their names. That the letters of administration expired and they are unable file the final inventory . That an extension will enable them file the final inventory, a draft of which is attached to the affidavit in support of the application. That it is in the interest of justice that the application is granted. In line with section 273 of the Succession Act, the Applicants were obliged to file an inventory within six months and final accounts within one year from the date of issuance of the grant. The Applicants have explained as to why they were unable to take the said step s within the prescribed time. Section 337 (2) of the Succession Act Cap 268 stipulates that; ‘A grant of Probate or letters of administration issued by a court of competent jurisdiction before the 31st day of May 2022, shall remain in force for a period of three years from the 31st day of May, 2022.’ The present grant having been issued on 7th day of February 2019 expired on 31st May 2025. Section 337(4) of the Succession Act Cap 268 provides that; ‘The duration of a grant of probate or letters of administration referred to in subsection (2) may on Application to court by the administrator or administratrix of an estate, be extended for a reasonable period determined by court.’ The Court may, therefo re, extend such grant upon sufficient cause being shown by the Applicants for a reasonable period of time as may be determined by the Court. Factors that may constitute sufficient cause include satisfying the court that the extension is in the best interest of the beneficiaries to the estate; the Administrator has complied with the relevant provisions of the law and the conditions in the grant; and consent has been obtained from all the beneficiaries under the estate. 3 | Page In the matter of An Application for e xtension of letters of Administration granted to Abuno and Others 2025 UGHC 633 (17 July 2025) Wamala J stated that; ‘…In order to grant an extension of time within which to file the said documents, the court has to be satisfied that; (a) the Applicants have established sufficient cause for their failure to act within time; (b) the Applicants are not guilty of dilatory conduct; and (c) no injustice will be occasioned to any of the beneficiaries…’ The Applicants have satisfactorily demonstrated sufficient cause for the extension of the grant. The evidence before Court shows that substantial steps have already been undertaken in the administration of the estate, including the securing, access, and distribution of the estate to the beneficiaries. The delay c omplained of relates primarily to the completion of the transfer process by some beneficiaries and the consequent inability to file the final inventory within the prescribed period. The Court is satisfied that the delay was neither deliberate nor occasioned by indifference to the administration process. On the contrary, the Applicants have shown continued engagement in the administration of the estate and have exhibited readiness to comply with their statutory obligations, as evidenced by the draft final inventory attached to the application. Their conduct does not disclose dilatory behavior but rather demonstrates an intention to conclude the administration process in accordance with the law. Further, the Applicants have demonstrated that consent to the extension has been obtained from all the beneficiaries under the estate, which underscores the absence of dispute regarding the continuation of the administration process. The Court further finds that no prejudice or injustice is likely to be occasioned to any beneficiary if the extension is granted. Instead, the extension would facilitate the proper completion of the administration process and ensure compliance with the requirements of the Succession Act regarding the filing of the final inventory and accounts. 4 | Page In the premises, the Applicants have satisfactorily demonstrated sufficient cause and shown that the interests of justice and of the beneficiaries would be better served by the grant of the extension. The Application therefore merits the favourable exercise of this Honourable Court’s discretion. I therefore find it in the interest of justice that the grant of Letters of Administration and the time within which to file the inventory and the final accounts be extended by the Court for a period of two years. In these premises, the Applicants’ Application succeeds with the following orders: - a) Letters of Administration for the Estate of Late KAFUMA MATIA granted to the Applicants on the 7th day of February 2019 vide Administrative Cause No. 568 of 2018 are hereby extended for a period of two years effective 29 May 2026. b) The time within which to file an inventory and final accounts of the estate of the late KAFUMA MATIA be extended for the same period of two years. c) No order is made as to costs. I SO ORDER Dated, signed and delivered electronically this 29th day of May, 2026. DR. GRACE FLAVIA LAMUNO AG. JUDGE 29 MAY 2026 Delivered via ECCMIS Under the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025.