[2025] UGHCFD 45

# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (FAMILY DIVISION) MISCELLANEOUS APPLICATION NO.4691 OF 2025 (ARISING FROM ADMINISTRATION CAUSE NO 1336 OF 2022) IN THE MATTER OF THE ESTATE OF LATE LUBEGA FRANCIS XAVIER**

# **AND**

# **IN THE MATTER OF AN APPLICATION FOR RENEWAL/ EXTENSION OF LETTERS OF ADMINISTRATION GRANTED TO LUBEGA JOHN, NAIGA TEDDY AND MATOVU LAWRENCE**

#### **AND**

#### **IN THE MATTER OF AN APPLICATION FOR EXTENSION OF TIME TO FILE AN INVENTORY AND FINAL ACCOUNT IN THE ESTATE OF THE LATE LUBEGA FRANCIS XAVIER**

- **1. MATOVU LAWRENCE** - **2. LUBEGA JOHN** - **3. NAIGA TEDDY :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANTS (Administrators of the Estate of the late Lubega Francis Xavier) VERSUS**

- **1. LUBEGA PAUL** - **2. LUBEGA SULEIMAN** - **3. LUBEGA PIUS** - **4. NABUKEERA POLLY** - **5. SEMAGANDA ALEX** - **6. NAKANWAGI PELLIHILINE :::::::::::::::::::::::::::::::::::: RESPONDENTS**

## **BEFORE: HON LADY JUSTICE IMMACULATE BUSINGYE BYARUHANGA RULING**

This application was brought by way of Notice of Motion under Sections 256(3)(a) and (b), 273 of the Succession Act Cap 268, Sections 98 of the Civil Procedure Act Cap 282 and Order 52 rules 1 and 3 of the Civil Procedure Rules SI 71-1 seeking for orders that; -

- 1. This Honourable court be pleased to renew/extend the letters of administration of the estate of the late Lubega Francis Xavier granted to the Applicants on 19th September,2022 in Administration Cause No.1136 of 2022 for a further period of two years or any other reasonable time as determined by court. - 2. This Honourable Court be pleased to extend time in which the applicants may file an inventory and final account in relation to the Estate of the late Lubega Francis Xavier in Administration Cause No. 1336 of 2022. - 3. Any other relief the court may deem fit and just to grant.

The application is supported by an affidavit sworn by **Matovu Lawrence**, the applicant herein and the holders of letters of administration granted vide Administration Cause No.1336 of 2025. The grounds of the application are laid out in the application and the affidavit in support of the application but briefly they are the following;

- 1. That the applicants applied for letters of administration for the estate of the late Lubega Francis Xavier vide Administration Cause No. 1336 of 2022 and they were granted to them on the 19th September,2022. - 2. That following the grant of letters of administration, the applicants started the process of recovering the estate property of the deceased to give a full inventory of the estate. - 3. That after, the applicants discovered the property of the estate was being occupied and dealings were taking place on the same pieces of land unlawfully. - 4. That as beneficiaries they had earlier instituted a suit Vide Civil Suit No. 061 of 2021 which is still on going against the guardians that were carrying out illegal dealings and to curtail all activities carried out on the property.

- 5. That the applicants delayed on filing the necessary inventory as prescribed by the law as they await the determination of court in the matter since the disputed properties formed part of the estate of the deceased. - 6. That the applicants obtained consent from beneficiaries of the estate of Lubega Francis Xavier to apply for renewal/extension of letters of administration to complete administration of the estate. - 7. That its only just, fair and equitable that the letters of administration of the estate of Lubega Francis Xavier vide Administration Cause No. 1336 of 2022 be renewed /extended to enable the applicants complete the administration of the Estate as required by law.

#### **Background**

Following the demise of the late Lubega Francis Xavier on the 5 th August, 1981, the applicants herein petitioned this court for letters of Administration to administer the estate of the deceased on behalf of his beneficiaries. The same were granted by the

# **Hon. Lady Justice Ketrah Kitariisibwa Katunguka on 19th September, 2022**.

Contrary to the requirements of **Section 273(1)** (formerly section 278(1)) **of the Succession Act** (as amended), the applicants have not filed an inventory within the requisite time on account that the share to which each beneficiary is entitled could not be ascertained as all the properties are subject to litigation thus delaying the execution of duties as administrators. However, the said letters of administration expired by operation of the law yet the distribution of the property has not yet been done among the beneficiaries and the guardians are in possession of the documentation to the properties.

In addition, the applicants have obtained consent from the beneficiaries of the estate of the late Lubega Francis Xavier to bring this application for renewal of letters of administration and filing an inventory out of time.

# **Representation**

In the instant application, the applicants were self-represented.

# **Issue for Determination**

This court has adopted the issues as submitted by the applicants;

- *1) Whether the application satisfies the conditions for extension of letters of Administration.* - 2) *Whether the application satisfies the conditions for extension to file an inventory out of time of the deceased's estate.*

# **Parties' submissions**

It is the applicant's submission that they have sufficient reasons to warrant renewal of letters of administration on account that the purpose of the application is to proceed with the suit filed in this court vide HCCS No. 61 of 2020 instituted by the beneficiaries against the guardians to recover the estate property. The applicants also submitted that there is a lot of inter meddling within the estate which resulted into criminal proceedings in court, which matters have hindered with final distribution of the estate to the beneficiaries and also interfered with the completion of the mutation process and tilting of the already recovered land into the names of each of the beneficiaries of the deceased's estate.

Furthermore, the applicants submit that they have sufficient cause for delaying to file an inventory on account that there is a delay caused in recovery of land occupied by the guardians and a Civil Suit No.061of 2020. The applicants cited the cases of **Huo Yan Fang & anor v Dong Hoon Kim HCCS No. 22 of 2018** and **Kyegegwa** **District Local Government v Aharukundira Margaret HCMA No. 25 of 2022** to support their arguments.

# **Resolution**

It should be noted that by operation of law with particular reference to Section 256 (2) of the Succession Act, the letters of administration in question expired within two years after the grant, since the same were granted on 19th September 2022 after the commencement of the Succession Amendment Act on 31st May 2022. Therefore, the letters of administration of the estate of the late Lubega Francis Xavier expired on 18th September 2024.

I have observed that the instant application was filed on 19th June 2025, after the grant had expired and hence was no longer operative. Nonetheless, succession matters are peculiar owing to the laborious process and procedure associated with issuing the said grants, therefore in such cases, the law should be seen to enforce justice, otherwise injustice would be caused if the said laws were applied strictly particularly in matters of this nature, where estates of the deceased are often veiled with challenges that might hinder the swift administration and distribution of such estates.

**Section 34(3) of the Interpretation Act Cap 2 Laws of Uganda**, provides as follows: -

*"Where, by any Act, a time is prescribed for doing any act or taking any proceeding and power is given to court or other authority to extend that that time, that power may be exercised by court or other authority although the application for the exercise of power is not made until after the expiration of the time prescribed".*

Therefore, in the interest of justice, this application shall be entertained despite having been filed out of time. I now proceed to the merits of the application. *Section*

## *256(3) of the Succession Act Cap 268 stipulates that;*

*"The court may on application extend the period prescribed in subsection (2) for a further period of two years or any other reasonable time as determined by court"*

According to subsection 3; *"the court may on application extend the period prescribed in subsection (2) for a further period of two years or any other reasonable time as may be 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 this 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 letter of administration from all the beneficiaries of the estate to which the letters of administration apply.*

According to paragraph 7 of the affidavit in support of the application, the deponent deposed that the estate property has not yet been distributed amongst the beneficiaries because the applicants could not ascertain the share allocation for the beneficiaries in the deceased's estate since all the estate property is subject to litigation vide HCCS No. 61 of 2020 currently lodged in High Court Masaka which is pending hearing before Hon. Lady. Justice Victoria Nkwanga Katamba.

I have also observed from the petition for letters for administration vide Administration Cause No. 1336 of 2020, the deceased is survived by 9 beneficiaries. I have also noted that all surviving beneficiaries have consented to the instant application for extension of the letters of administration and they have attached their national identification documentation.

In light of the evidence before me, I am a braced with fact that the estate of the deceased vests in the administrators of the said estate as the legal representatives in accordance with **Sections 176 and 188 of the Succession Act,** therefore, without operative letters of administration, the estate is left without legal representatives and as such the applicants in the instant application no longer have locus standi to litigate the above mentioned suit on behalf of the beneficiaries of the estate of the late Lubega Francis Xavier.

In light of all of these facts and evidence, I am convinced that the applicants have presented sufficient cause to warrant an extension of the letters of administration for the **estate of late Lubega Francis Xavier issued via Administrative Cause No. 1336 of 2022.**

Whether the grounds are sufficient to warrant filing of an inventory out of time**.**

**Section 273(1)** (formerly section 278(1)) **of the Succession Act** (as amended) provides that*:*

*"An executor or executrix or administrator or administratrix shall, within six months from the grant of probate or letters of administration, or within such further time as the court which granted the probate or letters may from time to time appoint, exhibit in that court an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person to which the executor or executrix or administrator or administratrix; is entitled in that character; and shall in like manner within one year from the grant, or within such further time as the court may from time to time appoint, exhibit an account of the estate, showing the assets which have come to his or her hands, and the manner in which they have been applied or disposed of."*

In the case of **Hadijah Ndagire & Anor V Muhammad Kasozi & Ors HCCS No.**

**40 of 2014**, court stated that, *the prescribed period for filing an inventory is six months. If the administrator finds herself unable to file the inventory within the prescribed time, she/he is duty bound to apply to the court which issued the grant* *for extension of time, stating the reasons for her/his inability to perform the required task within the 6(six) months period. The court, if persuaded by the administrator's grounds for extension of time, may grant the application.* The case of **Molly**

**Kyalikunda Turinawe & others vs Engineer Ephraim Turinawe & Anor – Supreme Court Civil Application No. 27 of 2010** provided for the 3 questions to be determined before disposing of an application for extension of time like this one. The said questions are;

- *1) Whether the Applicant has established sufficient reasons for the court to extend time* - *2) Whether the Applicant is guilty of dilatory conduct* - *3) Whether any injustice will be caused if the application is not granted.*

Similarly, in the case of **Mugo and ors vs Wanjiru & another [1970] EA 481 at page 484** it was stated that; "*each application must be decided in the particular circumstances of each case but as a general rule, the applicant must satisfactorily explain the reason for delay and should also satisfy court as to whether or not there will be a denial of justice by the refusal or granting of the application" (emphasis on the underlined)*

In the case of **The Registered Trustees of the Archdiocese of Dar es Salam v the Chairman Bunju Village Government & Ors** which quoted **Gideon Mosa Onchwati v Kenya Oil Co. Ltd & Anor [2017] KLR** where it was stated,

*"it is difficult to attempt to define the meaning of the words sufficient cause. It is generally accepted however, that the words should receive a liberal construction in order to advance substantial justice, when no negligence or inaction or want of bonafides is imputed to the appellant."*

I agree with the definition of sufficient cause stated above. Courts have the discretion to determine what amounts to sufficient cause and in the cases of estate property, the applicant must show that the reason for the delay in filing an inventory was beyond his or her control and it was not because of negligence or unreasonable delay.

I have examined the reasons furnished by the applicants stated above and in my view, the aforementioned reasons qualify as sufficient cause to extend time within which to file the inventory. I accordingly allow this application with a finding that the present application merits extension of time within which to file the inventory out of time and an extension of the letters of Administration so as to facilitate the further administration of the deceased's estate.

In these premises, the Applicant's application succeeds and I hereby order as follows;

- *1) The Application be allowed.* - *2) Letters of Administration for the Estate of the Late Lubega Francis Xavier issued vide Administration Cause No. 1336 of 2022 to the applicants are hereby extended by two years effective 11 th July 2025.* - *3) The Applicant is granted leave to file the inventory vide Administration Cause No. 1336 of 2022 out of time.* - *4) The Applicants are directed to file the updated inventory clearly showing the following;* - *a) the name of the deceased; date of death; Administration Cause number; Date of Issuance of the Letters of Administration; Names of Administrator; Date of Submission of Inventory.* - *b) Properties that formed part of the deceased's estate as at the date of death. For immoveable properties, attach certified documentary evidence and for moveable properties, a list with details and descriptions. A status update of these properties should be given as at the date of filing of this inventory.* - *c) Credits of the deceased* - *d) Debts of the deceased* - *e) List of beneficiaries of the deceased and their National IDs* - *f) Proposed distribution of properties among the beneficiaries and justification for this proposed distribution i.e. family minutes consenting to the proposed distribution, duly signed by the beneficiaries and the Administrators.*

- *g) For property already distributed before the filing of the inventory, a list of properties distributed and to whom it was distributed among the beneficiaries and a justification for the distribution and proof that the said beneficiary received the same.* - *5) The said inventory should be filed within 60 days from the date of this Ruling.* I so order,

#### **Immaculate Busingye Byaruhanga**

### **JUDGE**

Ruling delivered on this **11 th** day of **July**, **2025** via ECCMIS