Ssebwana Ronald Samuel and Others v Nakinga Christine and Others (Miscellaneous Application No. 1761 of 2025) [2025] UGHCFD 63 (15 July 2025)

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (FAMILY DIVISION) MISCELLANEOUS APPLICATION NO. 1761 OF 2025 (ARISING FROM ADMINISTRATION CAUSE NO 189 OF 2017) IN THE MATTER OF THE ESTATE OF THE LATE FRANCIS XAVIER MUTYABA

AND

IN THE MATTER OF AN APPLICATION FOR EXTENSION/ RENEWAL OF ADMINISTRATION TO SSEBWANARONALD SAMUEL, SERUNJOJI AMBROSE, ALLAN SEMAKULA TADEO (ADMINISTRATORS)

- 1. SSEBWANA RONALD SAMUEL - 2. SERUNJOGI AMBROSE - 3. ALLAN SEMAKULA TADEO :::::::::::::::::::::::::::::::::::: APPLICANTS

VERSUS

- 1. NAKINGA CHRISTINE - 2. YUSUF MUTYABA - 3. IBRAHIM MUTYABA - 4. ROSE KAWOOYA NAKABIRYE - 5. RICHARD MUTYABA - 6. KATAMBA JOHN

7. VICTORIA NALWEYISO :::::::::::::::::::::::::::::::::::::: RESPONDENTS BEFORE: HON LADY JUSTICE IMMACULATE BUSINGYE BYARUHANGA RULING

Introduction

This application was brought by way of Notice of Motion under Sections 234, 278,337,256 of the Succession Act Cap 268, Sections 96 and 98 of the Civil Procedure Act Cap 282 and Order 52 rules 1 and 2 of the Civil Procedure Rules SI 71-1 seeking for orders that; -

- 1. An extension/renewal of letters of Administration of the Estate of Late Francis Xavier Mutyaba Stephen vide Administration Cause No.189 of 2017 be issued to the applicants for more two years. - 2. The costs of the application be provided for.

The application is supported by an affidavit by Ssebwana Ronald Samuel, the applicant herein and the holders of Letters of Administration granted vide Administration Cause 189 of 2017. 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. The applicants were granted letters of administration vide Administration Cause No.189 of 2017 dated 2nd day of May, 2017. - 2. The letters of Administration of Late Francis Xavier Mutyaba have become inoperative since letters of Administration expired on the 30th day of March 2025. - 3. The Administrators have filed the inventory before this Honorable Court on 1 st day of November,2019. - 4. The administrators are still receiving money from the bank on behalf of the beneficiaries and the land titles have been changed to the names of the beneficiaries too. - 5. The applicant has found a lot of difficult in administering the said estate without applying for fresh letters of administration since the ones issued on 2 nd May ,2017 have expired. - 6. That for effective management of the estate of late Francis Xavier Mutyaba, the original letters of Administration issued on 2nd day of May, 2017 be extended.

- 7. That Administrators had taken some steps in administering the said estate, the land was divided among the beneficiaries. - 8. The process of administration cannot be completed without the grant of fresh letters of Administration since property has not been fully distributed. - 9. This application has been made without unreasonable delay.

*Background*

Following the demise of Francis Xavier Mutyaba around 1977, the applicants herein petitioned this court for letters of Administration to administer the estate on behalf of his beneficiaries. The same was granted on 2 nd May 2017 before Hon Justice Dr. Yorokamu Bamwine.

However, the letters of administration have expired on 31st May 2025 by operation of the law. It is the applicants' contention that the applicants are still receiving money from the bank on behalf of the beneficiaries and the land titles have been changed to the names of the beneficiaries too, hence the need for operative letters of administration, thus the instant application.

*Representation*

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

*Issue for Determination*

In accordance with Order 15 rule 5 of the Civil Procedure Rules which empowers this court to frame issues for determination, it has been resolved that the issue for determination in the instant case is *whether leave should be granted to extend the letters of Administration for the estate of the late Francis Xavier Mutyaba.*

*Parties' submissions*

It is the applicants' submission that they have a justified reason to warrant the renewal of letters of Administration on account that the administrators are still receiving money from the bank on behalf of the beneficiaries, however, great difficulty has been suffered in administering the said estate without the fresh letters of administration.

*Resolution*

Whether leave should be granted to extend the letters of Administration for the estate of the late Francis Xavier Mutyaba

Application of this nature wherein letters of Administration for the deceased's estate were issued before 31st May 2022, as is in the instant case, where the same were issued on 2ndMay 2017, are provided for under Section 337 (2) of the Succession Act Cap 268 which 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".

Section 337(4) of the Succession Act Cap 268 allows for extensions of grants that fall within the ambits of subsection 2 and it states 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."*

According to paragraph 6 of the affidavit in support of the application, it was deponed that the applicant has just cause to warrant an extension of the grant of letters of administration for the deceased's estate which have lapsed by operation of law since the applicants are still receiving money from the bank on behalf of the applicants. I have studied the inventory attached to the affidavit in support and I have observed that distribution of the estate property is yet to be finalized.

I have also observed from the petition for letters of administration vide Administration Cause No. 392 of 2002 that the deceased is survived by 10 surviving beneficiaries who have all consented to the instant application for extension of the letters of administration and have equally attached their identification documentation. Though not a requirement of law by virtue of Section 337 of the Succession Act, it is beneficial to have family consent as the same is proof that the beneficiaries of the deceased's estate have endorsed the actions of the executors or administrators of the deceased's estate.

In light of the evidence before me, I am a braced with the 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 to finalize the administration of the deceased's estate. In the premises, I am convinced that the applicants have presented sufficient cause to warrant an extension of the letters of Administration for the Estate of Late Francis Xavier Mutyaba issued via Administrative Cause No. 0189 of 2017.

*1) Letters of Administration for the Estate of the Late Francis Xavier Mutyaba issued vide AC. 0189 of 2017 to the applicants are hereby extended for a period of two years from the date of this Ruling.

2) No order as to costs.*

I so order,


15th July 2025

Immaculate Busingye Byaruhanga

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Ruling delivered on this ..... day of ...................................