[2025] UGHCFD 29

#### **THE REPUBLIC OF UGANDA**

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

**MISCELLANEOUS APPLICATION NO. 2260 OF 2025**

**(ARISING FROM HCT-00-FD-AC-0872 OF 2021)**

**IN THE MATTER OF THE ESTATE OF THE LATE CHRIZESTOM NGANDA (DECEASED)**

#### **AND**

## **IN THE MATTER OF AN APPLICATION FOR EXTENSION OF LETTERS OF ADMINISTRATION**

**1. NAMUGWANYA IMMACULATE**

**2. NAKIWA JULIET**

**3. KAWERE GODFREY**

**4. MUSISI MOSES**

**5. KAWERE GERALD SALONGO ::::::::::::::::::::::::::APPLICANTS**

**(Administrators of the estate of the**

**Late Chrizestom Nganda)**

### **VERSUS**

- **1. KYAZZE RONALD** - **2. KYAGABA EDWARD** - **3. KYAKUWA GODFREY** - **4. LUMBUYE JOSEPH** - **5. NGANDA BEN** - **6. NGANDA JOSEPH** - **7. KAMAZZI STELLA** - **8. NABISUBI BENA**


#### **9. NAJJUKA JOSEPHINE**

- **10. NAKYAZZE ANNET** - **11. NABAGEREKA GERTRUDE** - **12. KAGABANE RESTY** - **13. NAKYAGABA HARRIET** - **14. NABAGEREKA NOWE** - **15. NABUUSO PROSCOVIA** - **16. NANOZI RITAH MUGISHA** - **17. NABUGUZI REGINA** - **18. MWAGALE SARAH** - **19. NABUUSO CISSY** - **20. NAKIWA JOSEPHINE** - **21. WASSWA VICENT** - **22. LUBANDI ALEX** - **23. SSEBUGUZI EMMANUEL** - **24. MUWONGE TABULA** - **25. BAVUBI JULIUS** - **26. WAGABA ANDREW** - **27. LUMBUYE JOSEPH** - **28. NANOZI RITA** - **29. NANNOZI EVELYN** - **30. NABASIRYE ANNET :::::::::::::::::::::::::::::RESPONDENTS**

#### **(Beneficiaries of the estate of the**

**Late Chrizestom Nganda)**


## **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 227, 337 (2) & (4), 256 (3) (a) & (b) of the Succession Act, Cap. 268, Section 96 & 98 of the Civil Procedure Act, Cap. 282, Order 51 rule 6 and Order 52 rules 1 & 2 of the Civil Procedure Rules S. I 71-1** seeking for orders that; - 1. Time within which to account for the distribution/proceeds of the estate to date be enlarged. - 2. The Letters of Administration for the estate of the Late Chrizestom Nganda issued to the Applicants on 12th November, 2021 vide Administration Cause No. 0872 of 2021 be extended for a period of two years. - 3. The costs of the Application be provided for. - 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 the 1st Applicant, Namugwanya Immaculate. Briefly, the grounds are that; - 1. The Letters of Administration for the estate of the Late Chrizestom Nganda vide Administration Cause No. 0872 of 2021 granted by this Honorable Court expire on the 31st day of May, 2025. - 2. The Applicants filed a full and true inventory of the properties, credits and exhibit on the 10th day of November, 2022.


- 3. The estate of the Late Chrizestom Nganda is subject to ongoing court cases that are still pending in the Land Division and Commercial Division on matters touching on family homes and land to wit; - i) Bulega Muhamadi & 7 ors vs. Kawere Gerald Salongo & Ors, Civil Suit No. 0368 of 2017. - ii) Kawere Gerald Salongo & ors vs. The Administrator General of Uganda & ors, Civil Suit No. 727 of 2019. - iii) Kawere Gerald Salongo & ors vs. Centenary Rural Development Bank & ors, Civil Suit No. 1111 of 2020. - iv) Shadrack Kayondo vs. Kawere Gerald Salongo & ors, Civil Suit No. 1056 of 2022 - v) Kawere Gerald Salongo & ors vs. Temba Kalisiti, Civil Suit No. 1524 of 2023 - 4. The Applicants embarked on the subdivision of Kyadondo Block 84 Plot 53 for the beneficiaries that is still ongoing and the Applicants were unable to file the final account due to the ongoing subdivisions and court cases which they desire to pursue to a logical conclusion and will need more time to file a final account. - 5. The Applicants are yet to conclude the compensation of the family property at Matugga from the Ministry of Works & Transport having engaged Uganda National Roads Authority before it was disbanded. - 6. That in the circumstances, it is only just, fair and equitable in the interest of the beneficiaries and justice for the Application to be granted.


## **2.0 Representation and Hearing.**

- 2.1 The Applicants were represented by M. A. Kajubi & Co. Advocates. - 2.2 The Applicant 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.**

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

## **4.0 Determination by Court.**

- **4.1** In her affidavit in support of the application, the 1st Applicant, stated that she is an Administrator of the estate of the Late Nganda Chrizestom together with Nakiwa Juliet, Kawere Godfrey, Musisi Moses and Kawere Gerald Salongo and the Respondents are children, grandchildren and beneficiaries of the estate of the Late Nganda Chrizestom who do not oppose this Application and have provided their consent to this Application. - **4.2** The 1st Applicant contends that they petitioned this Honorable Court for a grant of Letters of Administration for the estate of the Late Nganda Chrizestom under Administration Cause No. 0872 of 2021 and were granted the same on the 12th day of November, 2021. That they filed an inventory of the properties and credits of the estate of the Late Nganda Chrizestom in this


Honorable Court on the 10th day of November, 2022 which properties are still the subject of ongoing court cases still pending determination by and against the estate at the Land and Commercial Divisions of the High Court on matters touching on perfection of certificates of title to family homes, trespass among others to wit; Bulega Muhamadi & 7 Ors vs. Kawere Gerald Salongo & Ors, Civil Suit No. 0368 of 2017 which is a claim for trespass and the Defendants counter claim for perfection of land title among other prayers which last came up for hearing on 27th March, 2025 after scheduling was complete and could not proceed to hearing because Her Lordship Justice Immaculate Busingye was transferred and the current judge to whom the matter was reallocated is yet to fix the same for hearing; Kawere Gerald Salongo & Ors vs. The Administrator General of Uganda & Ors, Civil Suit No. 727 of 2019 which is a claim for cancellation of titles over family property and perfection of title and a counter claim for trespass among other prayers that was fixed for scheduling conference on 6th May, 2025 before Justice Nabakooza Flavia who was transferred and its now pending hearing before Her Lordship Justice Christine Echookit Akello who adjourned the matter to 18th August, 2025 to enable the Applicants file this Application; Kawere Gerald Salongo & Ors vs. Centenary Rural Development Bank & Ors, Civil Suit No.1111 of 2020 which is a claim for vacating mortgages on family land and a counter claim of over UGX. 1.2. Billion that came up for hearing on 20th


May, 2025 and was adjourned to 26th June, 2025 to enable the determination of this Application; Shadrack Kayondo vs. Kawere Gerald Salongo & Ors, Civil Suit No. 1056 of 2022 which is a claim for a certificate of title for one acre off Plot 53 and the matter was forwarded to the judge for hearing by the Registrar on 29th April, 2025; Kawere Gerald Salongo & Ors vs. Temba Kalisiti, Civil Suit No. 1524 of 2023 which is a claim for a certificate of title for one acre and the Defendant had filed Applications to have the same dismissed that were not allowed by Court and the same is before Justice Aisha Naluzze Batala who is yet to fix the same for hearing after her criminal session in Mbale.

- **4.3** The 1st Applicant contends that their lawyers, M. A. Kajubi & Co. Advocates have on several attempts tried to have the above mentioned matters settled, fixed and fast tracked to enable the Administrators conclude with the administration of the estate which procedural steps have been beyond their control. - **4.4** The 1st Applicant further contends that they embarked on the subdivision of property comprised in Kyadondo Block 84 Plots 53 & 39 for the beneficiaries that is still ongoing. - **4.5** The 1st Applicant also contends that they are yet to conclude the ongoing court cases and registration of the family trust after consensus with the beneficiaries has been reached so that common family property at Nakukuba, Matugga, Makerere & Kigogwa that comprises the burial grounds, commercial shops and family homes can be held in trust for the benefit of all the


beneficiaries and therefore have not been in position to file a final account and distribution of the same and seek more time to do so.

- **4.6** The Applicant also contends that they entered into negotiations formerly with Uganda National Roads Authority (UNRA) for compensation of estate property along Bombo Road & Namugogo Kira Kasangati Matugga Road that was not concluded and the compensation of about UGX. 1,204,027,123/- (One Billion two hundred and four million twenty-seven thousand one hundred and twenty-three shillings) is now before the Ministry of Works & Transport since UNRA was disbanded and cannot be distributed since the value of some beneficiaries' properties has to be valued first for the balance to be shared among the beneficiaries if the same is confirmed by the ministry. That the Applicants engaged Mr. Ssegamwege Benon, a surveyor for the acquisition of a special certificate of title for land comprised in Kyadondo Block 92B Plot 396 at Matugga after they recently found records for the same and he is yet to avail the revised coordinates to the same since the prior ones were queried by the Wakiso land office. - **4.7** The 1st Applicant contends that the land comprised in Kyadondo Block 84 Plots 41, 42, 432 & 439, land at Nakukuba, Kyadondo Block 82 Plots 494 & 495, Kibuga Block 28 Plot 1243, commercial shops at Matugga have not yet been distributed among the beneficiaries because of the said ongoing cases and there is yet to be consensus to register a trust. That

 the Applicants were therefore unable to file the final account due to the foregoing reasons, consensus and ongoing court cases which they desire to pursue to a logical conclusion in order to recover the family property in Court to be distributed amongst the beneficiaries.

- 4.8 **Section 337 (2) of the Succession Act, Cap. 268** provides 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. - 4.9 **Section 337 (4)** *(supra)* further provides that the duration of the grant of probate or letters of administration referred to in subsection (2) and (3) may, on application to court by the executor or executrix or an administrator or administratrix of an estate, be extended for a reasonable period determined by court. - 4.10 The above provisions of the law should be read together with **Section 256 (2) of the Succession Act** which provides that the grant of Letters of Administration shall be valid for a period not exceeding two years. - 4.11 **Section 256 (3)** *(supra)* 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. - 4.12 **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.


- 4.13 This Court must now determine whether the Applicant meets the conditions provided hereinabove to warrant the extension of Letters of Administration for the estate of the Late Chrizestom Nganda. - 4.14 This Court has in the first instance verified that Letters of Administration were indeed granted to Kawere Gerald Salongo (son), Namugwanya Immaculate (daughter), Musisi Moses (son), Kawere Godfrey (son) and Nakiwa Juliet (daughter) on 12th November, 2021 vide HCT-00-FD-AC-0872 of 2021 in respect of the estate of the Late Nganda Chrizestom. They are therefore set to expire on 31st May, 2025. - 4.15 This Court has also reviewed the mother file vide Administration Cause No. 0872 of 2021 and noted that in the Petition filed on 6th August, 2021, it was stated that the deceased was survived by 39 children namely; Musisi Moses (son), Kawere Gerald Salongo (son), Kyazze Ronald (son), Kyagaba Edward Salongo (son), Kyakuwa Godfrey (son), Lumbuye Joseph Salongo (son), Sserwanga Deo (son), Mugambwa Joseph (son), Nganda Ben (son), Nganda Joseph (son), Kawere Godfrey (son), Nakiwa Juliet (daughter), Kamazzi Stella (daughter), Nabisubi Nganda Bena (daughter), Nabuuso Cissy (daughter), Najjuka Josephine (daughter), Nakyazze Annet (daughter), Nannozi Evelyn (daughter), Nabasirye Annet (daughter), Kagabane Resty (daughter), Nabagereka Gertrude (daughter), Namugwanya Immaculate (daughter), Nakyadaba Harriet (daughter), Nabagereka Nowe Nalongo (daughter),


Nabuuso Proscovia Nakyagaba (daughter), Nanozi Ritah Mugisha (daughter), Nabuguzi Regina (daughter), Mwagale Sara Nalongo (daughter), Namulondo Rose Mary (deceased), Ssemugma Vincent (deceased), Nantaba Victoria (deceased), Najjuka Christine (deceased), Kidaaga Martin (deceased), Nankanja Winfred (deceased), Nakyagaba Harriet (deceased), Nganda Sylvia (deceased), Wagaba Mohammed (deceased) and Luboyera Steven (deceased).

- **4.16** This Court is in receipt of a signed written consent dated 10th May, 2025 to this Application from the beneficiaries of the estate of the Late Nganda Chrizestom to wit; Kyazze Ronald, Kyagaba Edward, Kyakuwa Godfrey, Lumbuye Joseph, Nganda Ben, Nganda Joseph, Nakisubi Bena, Nabagereka Gertrude, Kabagane Resty, Nakyagaba Harriet, Nabagereka Noel, Nabuuso Proscovia, Nanozi Ritah Mugisha, Nabuguzi Reginah, Mwagale Sarah, Nabuuso Cissy, Nakiwa Josephine, Wasswa Vincent, Lubandi Alex, Ssebuguzi Emmanuel, Muwonge Tabula, Nannozi Evelyn, Bavubi Julius, Wagaba Andrew, Lumbuye Joseph, Nanozi Rita and Nabasirye Annet. - **4.17** A review of the mother file also shows that the Applicant filed an inventory for the estate of the Late Nganda Chrizestom on 10th November, 2022. No account of the estate was however filed in line with **Section 273 (1) of the Succession Act, Cap. 268**. - **4.18** The Applicant provided this Honorable court with documentation to prove that the following suits are still


pending determination before the Land and the Commercial Divisions of the High Court to wit; Civil Suit No. 1056 of 2022, Kayongo Shadrack vs. Kawere Gerald and Kawere Godrey & 3 ors in the Land Division of the High Court, Civil Suit No. 1111 of 2020; Kawere Gerald Salong & 4 ors vs. Centenary Rural Development Bank & 5 ors in the Commercial Division of the High Court, Civil Suit No. 1524 of 2023, Kawere Gerald Ssalongo & 4 ors (Administrators of the estate of the Late Chrizestom Nganda) vs. Temba Kalisiti & Anor in the Land Division of the High Court, Civil Suit No. 368 of 2017, Belega Muhamadi & 6 ors vs. Kawere Gerald Salongo & 4 others (Administrators of the estate of the Late Chrizestom Nganda) in the Land Division of the High Court and Civil Suit No. 727 of 2019, Kawere Gerald Salongo & 4 ors vs. The Administrator General & 6 ors in the Land Division of the High Court.

**4.19** The Applicants also provided this Honorable Court with the consent judgment in Civil Suit No. 0492 of 2022; Kawere Gerald Salongo & 4 ors vs. Stanbic Bank Uganda Limited & 4 ors in which Stanbic Bank Uganda Limited agreed to hand over the duplicate certificate of title for land comprised in Kyadondo Block 84 Plot 53 at Nakukuba in Wakiso District, Kyadondo Block 82 Plot 401 at Kungu in Wakiso District and land comprised in Kibuga Block 28 Plot 1243 at Makerere in Kampala District together with their respective mortgage instruments to the Plaintiffs.


- **4.20** The Applicants also provided this Honorable Court with a copy of the publication in the gazette of the notice of issue of a special certificate of title for land comprised in Kyadondo Block 92B Plot No. 396 land at Matuga in the names of Kirizestomu Nganda. - **4.21** From the foregoing, it is evident that the Applicants have taken active steps in administering the estate of the Late Nganda Chrizestom. The Applicants filed the inventory as required by law, and also instituted legal proceedings to safeguard the estate and are in turn also defending various civil suits filed against them. These efforts clearly demonstrate that the Applicants have not abandoned their responsibilities, but have instead been engaged in protracted litigation necessary to secure the estate's assets for the benefit of the beneficiaries. - **4.22** In light of the foregoing and coupled with the consent of all the beneficiaries to this Application, this Court finds sufficient cause to warrant the grant of this Application.

## **5.0 Conclusion:**

Accordingly, therefore this Application is allowed with the following orders, that: -

a) The Applicant should file an account for the estate of the Late Nganda Chrizestom vide HCT-00-FD-AC-0872 OF 2021 within three weeks from the date of this Ruling, accounting for the period during which they have administered the estate.


b) Upon compliance with the above order, then renewed Letters of Administration shall be issued to the Applicants for a further period of two years.

*Dated, Signed and delivered electronically this 16th day of June, 2025.*