[2025] UGHCFD 26

# **THE REPUBLIC OF UGANDA**

# **IN THE HIGH COURT OF UGANDA AT KAMPALA [FAMILY DIVISION]**

## **MISCELLANEOUS APPLICATION NO. 1424 OF 2025**

**(ARISING OUT OF ADMINISTRATION CAUSE NO. 1487 OF 2008)**

**EJOTU SENJUBA MARGARET EVA::::::::::::::::::::::::::::APPLICANT**

(ADMINISTRATOR OF THE ESTATE

OF THE LATE EJOTU RICHARD EDYELU)

## **VERSUS**

- **1. EJOTU ERNEST** - **2. MIREMBE RACHEAL PAMELA** - **3. EJOTU ANDREW EWAYU** - **4. EJOTU DAVID**

**5. EJOTU JULIE :::::::::::::::::::::::::::::::::::::::::::::RESPONDENTS** (BENEFICIARIES OF THE ESTATE OF THE LATE EJOTU RICHARD EDYELU)

# **RULING BEFORE: HON. LADY JUSTICE CELIA NAGAWA**

# **1.0 Introduction.**

1.1 This Ruling relates to a Notice of Motion brought by the Applicant under **Section 256 (3) of the Succession Act, Cap. 268, Section 98 of the Civil Procedure Act, Cap. 282, and Order 52 Rules 1, 2, and 3 of the Civil Procedure Rules SI 71-1** seeking for orders that;


- 1. The life of Letters of Administration granted to the Applicant be extended for a further period of two years. - 2. That time for filing the inventory in this Honorable Court be extended for a period of 6 months or further period that this court deems fit. - 3. Any further relief that this court deems necessary. - 4. That no order is made as to costs. - 1.2 The grounds of the application are summarized in the Notice of Motion and also set out in the affidavit sworn in support of the application by Ejotu Senjuba Margaret Eva (widow to the deceased), the Applicant. Briefly, the grounds of the Application are that; - 1. It is in the interest of justice that the Letters of Administration granted to the Applicant be extended for a period of two years to enable the Administrator distribute the estate. - 2. It is in the best interest of the beneficiaries that the time within which to file the inventory be extended for a period of six months or further period that this Honorable Court shall deem fit. - 3. The Respondents/Beneficiaries do not object to this Application. - 4. The Applicant being a lay person honestly believed distribution of the estate was sufficient thus omitted to file an inventory after the distribution.

# **2.0 Representation and Hearing.**

2.1 The Applicants were represented by Waymo Advocates.


2.2 The Applicants filed written submissions and the same have been taken into consideration in the determination of this Application.

#### **3.0 Issue to be resolved by Court.**

Whether there is sufficient cause to warrant the grant of this Application?

## **4.0 Determination by Court.**

4.1 The Applicant in her affidavit in support of the Application stated that she was granted Letters of Administration by the High Court at Kampala on 22nd August, 2008 in respect of the estate of the Late Ejotu Richard Edyelu and since embarked on collecting the properties forming part of the estate. That the properties left by the deceased were eventually registered in her name save for the village home which was unregistered communal land. That it was agreed at the time that she manages the properties comprised in LRV 3958 Folio 22 Plot 37 Luthuli Drive, Nakawa Division, Kampala City (the principal residential home of the deceased), LRV 2511 Fol. 6 Plot 7 Kiwana Road Bukoto, Nakawa Division, Kampala City, and the village home on communal land located at Obiai Village, Okille Parish, Kaberamaido District since the beneficiaries are her children. That this decision was reached at honestly but ignorantly as lay persons and she honestly believed that when the properties are in her names they would be safe and all her


children would be protected, and thus, ignorantly did not file an inventory after distribution.

- 4.2 The Applicant contends that she has been made aware that according to the Succession Amendment Act, the Letters of Administration she is holding shall expire around April, 2025. She has also come to learn from her current lawyers that an inventory had to be filed and she realized that it was inadvertent for her not file the same and time has since lapsed. - 4.3 The Applicant contends that it is in the best interest of the beneficiaries for the time within which to file an inventory to be extended so that she can distribute the estate to all the beneficiaries and the inventory is placed on court record. That since the properties to be distributed are leasehold properties involving the controlling authorities, it is in the interest of justice that the Letters of Administration are extended for two years to enable the process to be handled effectively. - 4.4 I have verified the Letters of Administration in respect of the estate of the Late Ejoru Richard Olobo Edyelu and confirmed that they were duly issued by this Honorable Court on 22nd August, 2008 to Ejotu Senjuba Margaret Eva (widow) vide HCT-00-CV-AC-1487 of 2008. - 4.5 Upon review of the mother file in Administration Cause No. 1487 of 2008, I have noted that in the Petition for Letters of Administration filed on 22nd July, 2009 it was indicated that the deceased was survived by a widow, Ejotu Senjuba Margaret Eva and five children to wit; Julie Aluko Ejotu, David Edyelu


Ejotu, Andrew Ewayu Ejotu, Rachael Alaso Mirembe Ejotu and Ernest Enyou Ejotu. It was further indicated that at the time of the deceased's death, the deceased left the following properties to wit; a house on Plot 7, Kiwana Road, Bukoto, Kampala, a House on Plot 37, Luthuli Drive, Bugolobi, Kampala, household properties, a bank account in Housing Finance Company (U) Ltd, and an old Toyota carina car reg. no. UXA 587.

- 4.6 A further review of the mother file vide Administration Cause No. 1487 of 2008 reveals that the Applicant has to date not filed an inventory and account of the estate of the Late Ejotu Richard Olobo Edyelu, as required by law. It is for that reason that she among other prayers sought in this Application, seeks for an extension of time within which to file the inventory, as well as a renewal of the Letters of Administration for a further period of two years. - 4.7 **Section 256 (2) of the Succession Act, Cap. 268** provides that the grant of Letters of Administration shall be valid for a period not exceeding two years. - 4.8 **Section 256 (3)** *(supra)*, however, further provides that the court may on application extend the period prescribed for a further period of two years or any other reasonable time as determined by court where the court is satisfied that - a) It is in the best interest of the beneficiaries to extend the period; and - b) The person to whom letters of administration were granted has –


- i) Complied with the provisions of the Act or any condition to which the grant of letters of administration is subject to; and - ii) Obtained the consent to apply for the extension of the letters of administration from all the beneficiaries of the estate to which the letters of administration apply. - 4.9 **Section 256 (4)** further provides that subsections (2) and (3) shall not apply to Letters of Administration granted to – - a) Letters of administration granted under Section 212 (administration where child is sole beneficiary or residuary legatee). - b) The portion of the estate administered under Section 23 (2) (the 20% held in trust for education, maintenance and welfare of a minor child of the intestate, a lineal descendant of the deceased above 18 years but below 25 years if at the time of the death of the intestate was undertaking studies and was not married and a lineal descendant of the intestate who has a disability if at the time of death of the intestate was not married and was wholly dependent on the intestate for his or her or her livelihood. The provisions with respect to the lineal descendants as herein indicated also apply to the minor child of the intestate) - c) Pension forming part of the estate. - 4.10 This Honorable Court is in receipt of a written consent from all the beneficiaries of the estate of the Late Ejotu Richard Edyelu dated 9th March, 2025 together with an email from Julie Ejotu,


one of the deceased's children dated 9th March, 2025 consenting to the Applicant filing an inventory out of time and consenting to the extension of the Letter of Administration in respect of the estate of the Late Ejotu Richard Olobo Edyelu in favor of the Ejotu Senjuba Margaret Eva (widow).

- 4.11 The obligation to file an inventory and account of the deceased's estate is expressly set out under **Section 273 (1) of the Succession Act, Cap. 268**. Furthermore, in order to qualify for an extension of the Letters of Administration, the Applicant is required under **Section 256 (3) (b) (i) of the Succession Act** to among others demonstrate compliance with the provisions of the Act or with any conditions attached to the grant. These include filing an inventory and account of the estate within the required legal timeframes or within such further time as the court may from time to time appoint. - 4.12 This Court takes cognizance of the fact that the Applicant has filed an omnibus application combining both the request for leave to file an inventory out of time and for the extension of the Letters of Administration. - 4.13 The Applicant has explained that it was a mutual family decision, made in good faith, that the properties comprising the estate be registered in her name (as the beneficiaries' mother), with the belief that such arrangement would protect the interests of all the children of the deceased. - 4.14 The Applicant has attached the proposed inventory which she wishes to file which indicates that the properties comprised in


LRV 3958 Folio 22 Plot 37 Luthuli Drive, Nakawa Division, Kampala City and LRV 2511 Folio 6 Plot 7 Kiwana Road, Bukoto, Kampala, shall be registered in the joint names of all beneficiaries as tenants in common and the village home located on communal land at Obiai Village, Okille Parish, Kaberamaido District is to be retained as a shared family home.

- 4.15 Given that all the beneficiaries of the estate of the deceased have consented to this Application, this Court is persuaded to grant the Applicant leave to file the inventory out of time. However, the Court is not convinced that it should take the Applicant up to six months to file an inventory, particularly where the estate and the beneficiaries are clearly identified and known to her. A period of three (3) weeks from the date of this Ruling is sufficient enough for the Applicant to file the inventory. The Applicant should also file the account of the estate which she was required to file within one year from the date the grant of Letters of Administration. This should also be done within three weeks from the date of this Ruling. - **4.16** The Applicant having provided this Honorable Court with the written consent of all the beneficiaries of the estate of the deceased to the extension of the Letters of Administration, as required under **Section 256 (3) (b) (ii) of the Succession Act** and having considered the totality of the circumstances including the Applicant's explanation in respect of the nature of the estate comprising of leasehold properties involving controlling authorities as lessors who have to also be involved


in the transfer process, this Court is satisfied that sufficient cause has been shown to justify the extension of the Letters of Administration, subject to the Applicant's compliance with the filing requirements stated herein of the inventory and account of the estate of the deceased.

## 5.0 **Conclusion.**

- 5.1 Accordingly, this Application is allowed with the following orders: - i. The Applicant should file an inventory and account of the estate of the Late Ejotu Richard Olobo Edyelu within three weeks from the date of this Ruling. The account should cover the period during which she has administered the estate of the deceased. - ii. Upon compliance with the above order within the set timelines, then renewed Letters of Administration shall be issued to the Applicant for a further period of two years. - iii. No order is made as to costs.

*Dated, Signed and delivered electronically this 11th day of June, 2025.*