[2025] UGHC 537

## **THE REPUBLIC OF UGANDA**

## **IN THE HIGH COURT OF UGANDA AT FORT PORTAL**

## **HCT-01-CV-MA-0043-2025**

# **(ARISING OUT OF HCT-01-CV-AC-0024-2013)**

# **RUBOMBORA ANTHONY FREDRICK GONZA :::::::::::: APPLICANT**

## **VERSUS**

# **THE ESTATE OF THE LATE**

**RUBOMBORA YOSAM ::::::::::::::::::::::::::::::::::: RESPONDENT**

# **BEFORE: HON. JUSTICE VINCENT WAGONA**

#### **RULING**

#### **Introduction**:

- 1. The Applicant brought the instant Application by Notice of Motion under S. 273(1) and 337 (4) of the Succession Act Cap 268, Sections 96 and 98 of the Civil Procedure Act Cap 282 and 0.52 r 1, 2 and 3 of the Civil Procedure Rules SI 71-1), seeking Orders that; - - (1)**The Court extends the Grant of Letters of Administration in Administration Cause No. 0024 of 2013.** - (2)**Time be extended within which the Applicant should file a Supplementary Inventory and a Final Account of the estate of the late Rubombora Yosam.**


- (3)**Any other such order as this Honourable Court shall deem fit to enable the Applicant to complete the Administration of the Estate.** - (4)**No Orders as to costs.**

#### **Grounds of the Application**:

- 2. The Application is supported by the Affidavit of *Mr. Rubombora Anthony Fredrick Gonza*. The grounds of the Application are that; - - (1)The Applicant is a biological son/lineal descendant and Administrator of the estate of the Late *Rubombora Yosam* having obtained a grant on 19th March 2014. - (2)At the time of the deceased's death, part of his estate, particularly Kyaka Block 85 Plot 3 land at Jugangoma & Nkanja had squatters thereon who are yet to be settled to enable the Administrator open boundaries and transfer the title. - (3)The deceased also jointly owned land comprised in Leasehold Register Volume 1052 Folio 17 Block 73 Plot 13 Land at Burahya with the late *Yowasi Rabwomi* Tenants in Common but the family of the late *Yowasi Rabwomi* has misunderstandings which made impossible to agree on a possible subdivision or other settlement of the interest of *Rabwomi's* family.


- (4)There is also another land (part of the estate) which boarders Nyakasura School and some school structures were erected on the estate land and this too has not been settled. - (5)Negotiations are underway for all the three properties negotiations are underway between Administrator and the concerned parties but the time remaining under the Grant is not sufficient to enable the Administrator to complete negotiations and settle the properties. - (6)The Estate is not yet fully administered and the Applicant needs to file a Supplementary Inventory and a Final Account of the estate and the time initially allowed for filing the inventory and account has since lapsed. - (7)The Letters of Administration are soon expiring in May 2025 and the Applicant need not go through a fresh process of acquiring Letters of Administration but only apply for extension of the same. - (8)The grant of this application will not prejudice the designated beneficiaries under the estate and it is in the Interest of Justice that this Application is granted to enable Applicant conclude the administration of the estate.

## **Representation and Hearing**:

3. The Applicant was represented Counsel *Milton Zziwa* and *Aisha Nagadya* of *M/s BKA Advocates*. The Application came up for hearing on 16th June 2025 in the presence of the Applicant and in the presence of the beneficiaries the


estate of the late *Rubombora Yosam*. The beneficiaries, who included; *Dora Rukwanzi, Michael Soyo, Anne Nyamwoni Wandera, William Cwa, Patrick Rusama – Kagoro* and *Samson Katara* availed this Court with their signed consent in respect of the instant Application by *Rubombora Anthony Fredrick Gonza*.

- 4. Learned Counsel for the Applicant asked this Court to adopt their written submissions, in which it was submitted that the Applicant satisfies all the conditions for the grant of extension of letters of administration and time within which to file a supplementary inventory and final account in respect of the estate of the late *Rubombora Yosam*. They submitted that the letters of administration expired under **Section 337(2)** of the **Succession Act, Cap 268**, but that this Court has power to extend them under **Section 337(4)** upon proper cause being shown. Counsel detailed the ongoing complexities with the estate, including squatters, misunderstandings with a co-owner's family, and encroachment by Nyakasura School, all of which require further time for resolution through negotiations. - 5. In regard to the second prayer for extension of time to file a supplementary inventory and final account, Counsel submitted that under **Section 278(1)** of the **Succession Act**, an administrator must file an inventory within 6 months after obtaining the grant or within such further time as the court may from time to time appoint. Counsel cited the case of **Hajjat Ndagire & Another vs.**


**Muhammad Kasozi & Others, HCCS No. 40 of 2014** (cited with authority in **Mugume Stella Maris vs. The estate of the late Rusoke Emmanuel, HCMC No. 12 of 2024**), which held that an administrator unable to file within the prescribed time has a duty to apply to court for an extension, stating reasons. Counsel also referred to the case of **Molly Kyalikunda & Others vs. Engineer Turinawe & Another, SCCA No. 27 of 2010**, which outlined the considerations for such applications: whether sufficient reasons are established, whether the applicant is not guilty of dilatory conduct, and whether injustice will be caused if the application is granted. Counsel argued that the Applicant's diligent pursuit of complex disputes demonstrates commitment rather than delay.

6. Counsel concluded by submitting that the Applicant has shown sufficient cause for both extensions and prayed that the Application be allowed with no orders as to costs.

#### **Issues**:

- 7. I will resolve the instant Application through two main issues: - *(1) Whether the conditions for the extension of Letters of Administration have been met.* - (2) *Whether the conditions for the extension of time to file a Supplementary Inventory and Final Account have been met*.


#### **CONSIDERATION BY COURT**:

# **Issue 1**: **Whether the conditions for the extension of Letters of Administration have been met.**

- 8. **Section 337** of the **Succession Act, Cap 268**, deals with the expiry and renewal of letters of administration issued before the 31st day of May 2022. **Section 337(2)** 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,"* while **Section 337 (4)** provides that, *"the duration of a grant of probate or letters of administration referred to in subsections (2) 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."* The purpose behind the introduction of these expiry dates for grants of letters of probate and letters of administration, was to address the widespread problem of protracted estate administration, to ensure that administrators act diligently, to promote accountability, and ultimately, to safeguard the interests of beneficiaries by ensuring timely winding up of estates. - 9. In my view therefore, the conditions for the extension of letters of administration, include the following considerations:


- (a) There must be a valid and reasonable explanation why the administration could not be completed within the initial grant period; - (b)The extension must be necessary and useful for the proper and complete administration of the estate. The estate must not be fully administered; - (c) The applicant should demonstrate that they have been diligently working towards the administration of the estate and have not been neglectful; and - (d)The extension should be in the best interests of the beneficiaries, and their rights should not be prejudiced. - 10. I will therefore assess whether the Applicant has met these conditions.

#### **A. Justifiable Reason for Non-Utilization of the grant before Expiry**:

11. The Applicant has provided compelling reasons for the inability to fully administer the estate within the initial period. The reasons include: the presence of squatters on Kyaka Block 85 Plot 3 land, requiring settlement before boundaries can be opened and title transferred; the misunderstandings within the family of the late Yowasi Rabwomi regarding jointly owned land (Leasehold Register Volume 1052 Folio 17 Block 73 Plot 13); and the encroachment by Nyakasura School structures on estate land, requiring negotiations for a land exchange. These types of property disputes are inherently time-consuming. The Applicant's affidavit and counsel's submissions clearly demonstrate that these are not simple tasks and genuinely

 require more time to resolve. This satisfies the condition of justifiable reason for non-utilization.

### **B. Continued Necessity and Utility:**

12. It is evident from the Application that the estate is not yet fully administered. The need to settle squatters, resolve co-ownership disputes, and address encroachments clearly indicates that the grant remains necessary and useful to complete the administration process. The Applicant's stated intention to file a supplementary inventory and a final account further underscores the continued utility of the grant. Without the extension, these crucial aspects of the estate administration would remain unresolved, causing prejudice to the estate and its beneficiaries.

### **C. Evidence of Proper Administration of the Estate Before Expiry**:

- 13. The Applicant has outlined ongoing negotiations with squatters, the family of Yowasi Rabwomi, and Nyakasura School. These efforts demonstrate that the Administrator has not been passive but has actively pursued the resolution of these complex issues. The very fact that negotiations are "in the final stages" or "positively ongoing" or that the school has "agreed in principle" suggests diligent engagement rather than neglect. This ongoing engagement shows a commitment to proper administration. - **D. Beneficiaries' Interests are Duly Protected and Safeguarded**:


- 14. In the instant case, all beneficiaries of the estate of the late *Rubombora Yosam*, including *Dora Rukwanzi*, *Michael Soyo*, *Anne Nyamwoni Wandera*, *William Cwa, Patrick Rusama – Kagoro*, and *Samson Katara*, have provided their signed consent to this Application. This unanimous consent from the beneficiaries is a strong indicator that they believe the extension is in their best interests and that their rights will be protected. Their consent directly addresses any potential concern about prejudice. - 15. Based on the foregoing analysis, the Applicant has met the conditions for the extension of the Letters of Administration.

## **Issue 2**: **Whether the conditions for the extension of time to file a Supplementary Inventory and Final Account have been met.**

16. The Applicant also seeks an extension of time to file a Supplementary Inventory and a Final Account and Counsel relied on **Section 278(1)** of the **Succession Act, Cap 268**. However, it is **Section 273 (1)** which allows for such extensions by the court. This section states:

*"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."*

- 17. This clearly empowers the court to grant extensions for filing the inventory. The overall power of the court to oversee the administration of estates, coupled with the need for a complete inventory, implies the ability to extend time for related administrative steps, especially when these steps are contingent on the finalization of the inventory. - 18. For the conditions that ought to be considered by the Court in granting such an order of extending time within which to file a supplementary inventory and final account, Counsel cited the case of **Molly Kyalikunda & Others vs. Engineer Turinawe & Another, SCCA No. 27 of 2010**. This case dealt with extension of time within which to institute an appeal in the Supreme Court against the decision of the Court of Appeal in Civil Appeal No. 18 of 2009. While the specific context of that case was an appeal, the principles laid down by the Supreme Court regarding the exercise of discretion in extending time are broadly applicable to various situations where a time limit needs to be extended by the court. I will apply the same principles.


# **A. Whether the Applicant has established sufficient reasons for it to extend the time**:

19. The Applicant has clearly established sufficient reasons. As detailed above, the estate faces complex issues with squatters, co-owned land disputes, and encroachments. These matters necessitate significant time and effort to resolve before a comprehensive and final inventory and account can be prepared. It would be premature and incomplete to file these documents without the resolution of these outstanding property issues. The ongoing negotiations are direct reasons why the initial timeframe was insufficient.

### **B. Whether the Applicant is not guilty of dilatory conduct**:

20. The Applicant's actions, as presented, do not indicate dilatory conduct. Instead, they show active engagement in resolving the complex issues affecting the estate. The negotiations with various parties, and the progress reported, all point to a diligent administrator rather than one who has been idle. The delays are attributed to the inherent complexities of the estate assets, not to the Applicant's inaction.

### **C. Whether injustice will be caused if the Application is granted**:

21. Granting this Application will not cause injustice. On the contrary, denying it would likely lead to injustice. Without the extension, the Administrator would be unable to finalize the administration of the estate, leaving significant assets


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unresolved and potentially exposing the estate to further disputes. The beneficiaries have consented, indicating no perceived injustice to them. Granting the extension promotes the orderly and complete administration of the estate, which is in the interest of justice for all concerned parties.

22. Therefore, the Applicant has met the conditions for the extension of time to file a supplementary inventory and a final account.

#### **Conclusion and Orders**:

- 23. Having carefully considered the Application, the supporting affidavit, the submissions of learned counsel, and the consent of the beneficiaries, this Court is satisfied that the Applicant has demonstrated sufficient cause for the reliefs sought. The complexities surrounding the estate assets, the diligent efforts of the Administrator in resolving these issues, and the unanimous consent of the beneficiaries all weigh heavily in favor of granting this Application. For the reasons stated above, I hereby make the following orders: - **(1)The Grant of Letters of Administration in Administration Cause No. 0024 of 2013 is hereby extended for a period of two (2) years from the date of delivery of this Ruling.** - **(2)Time is hereby extended within which the Applicant shall file a Supplementary Inventory and a Final Account of the estate of the late Rubombora Yosam. The Applicant shall file the**


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**Supplementary Inventory and Final Account within six (6) months of the expiration of the extended Grant of Letters of Administration, or sooner if the administration is completed before then.**

**(3)No Orders as to costs.**

It is so ordered.

**Dated at Fort Portal this 30th day of June 2025**


Vincent Wagona

**High Court Judge**

**FORTPORTAL**

**Ruling delivered on 14th July 2025.**