The administrators of the estate of the late NAGUJJA FLORENCE BIRABWA are seeking leave from the court to file an inventory of the estate out of time. They were granted letters of administration in 2014 but have not filed the inventory due to ongoing legal issues over the deceased's property. They initiated criminal proceedings against an individual who claimed the land and also filed a civil suit for ejectment and trespass which has not been resolved. Given the delays caused by these legal matters, the administrators are requesting the court to grant them an extension of time to file the inventory in the interest of justice and to allow the estate to be properly administered.
The administrators of the estate of the late NAGUJJA FLORENCE BIRABWA are seeking leave from the court to file an inventory of the estate out of time. They were granted letters of administration in 2014 but have not filed the inventory due to ongoing legal issues over the deceased's property. They initiated criminal proceedings against an individual who claimed the land and also filed a civil suit for ejectment and trespass which has not been resolved. Given the delays caused by these legal matters, the administrators are requesting the court to grant them an extension of time to file the inventory in the interest of justice and to allow the estate to be properly administered.
Original Description:
Submissions in an application by administrators to file am inventory out of time.
The administrators of the estate of the late NAGUJJA FLORENCE BIRABWA are seeking leave from the court to file an inventory of the estate out of time. They were granted letters of administration in 2014 but have not filed the inventory due to ongoing legal issues over the deceased's property. They initiated criminal proceedings against an individual who claimed the land and also filed a civil suit for ejectment and trespass which has not been resolved. Given the delays caused by these legal matters, the administrators are requesting the court to grant them an extension of time to file the inventory in the interest of justice and to allow the estate to be properly administered.
The administrators of the estate of the late NAGUJJA FLORENCE BIRABWA are seeking leave from the court to file an inventory of the estate out of time. They were granted letters of administration in 2014 but have not filed the inventory due to ongoing legal issues over the deceased's property. They initiated criminal proceedings against an individual who claimed the land and also filed a civil suit for ejectment and trespass which has not been resolved. Given the delays caused by these legal matters, the administrators are requesting the court to grant them an extension of time to file the inventory in the interest of justice and to allow the estate to be properly administered.
(FAMILY DIVISION) MISCELLANEOUS APPLICATION NO .......OF 2023 (ARISING FROM HCT-00-FD-AC-184 OF 2014 IN THE MATTER OF THE ESTATE OF THE LATE NAGUJJA FLORENCE BIRABWA (DECEASED) And IN THE MATTER OF AN APPLICATION FOR LEAVE TO FILE AN INVENTORY OF THE ESTATE OUT OF TIME SUBMISSIONS
My Lord,
This is an application by way of Notice of Motion brought under S. 278
Succession Act Cap 162, S. 39 Judicature Act Cap 13, S. 98 of the Civil Procedure Act Cap 71.
The brief facts are that the applicants are administrators of the estate of the deceased NAGUJJA FLORENCE BIRABWA who were granted on 21st January 2015. The administrators had not filed an inventory to date, therefore requiring leave to file out of time.oll LL
Issues
The main issue that arises is
I)whether the administrators can be granted leave to file the inventory out if time. My lord, it is trite law that an administrator is required to file an inventory and true account of the property within 6 months of receipt of letters of administration.
In the instant case, the administrators obtained the letters of
administration in 2014 after the demise of the late NAGUJJA FLORENCE BIRABWA. After the deceaseds death, an unscrupulous person purported to take her land claiming it had been given to her by the deceased before passing on. This made the distribution of the estate impracticable.
The administrators initiated criminal proceedings against the said Person
vide MAK/CO/351/2014 in the Chief Magistrate Court of Makindye where the said Sarah Nateza was found guilty of forgery and intermeddlling with the deceaseds property as shown by paragraph 5 of the applicant’s affidavit.
After the criminal case, the estate still couldn’t be administered because the convict returned to the property there by making it hard for the administrators to take authority over it let alone distribute it. The administrators sued the trespasser vide CS 819 of 2020 Elizabeth Nassanga and 2 ors vs NANTEZA SATAH KIGOZI for an order of ejectment and for trespass to land.
The known estate of the deaased was the house and land and personal belongings therein and have not been accessed by the beneficiaries/ administrators as shown by paragraph 6 of the affidavit.
In considering whether this application should be granted, court may
consider the delay, sufficient reason thereof, diligence of the applicants, any other sufficient reason. This position has been discussed in The Matter Of Application For Extension Of Time To File Inventory, Joanna Adela Menezes( Administrator Of The Estate Of The Late Joaquin Fransisco Santana (Misc. Probate Application No. 8 of 2022) [2022] TZHC
a)Delay
The facts show that there has been a delay from the expiry of the period within which to file, to date. however the inordinate delay has been explained by the applicants as having been caused by the various court cases involving the property of the deceased.
It is trite law that courts are enjoined with duty to ensure rules and procedures are followed strictly and cannot aid a party who deliberately comits lapses.
In this case My Lord, the lapse was not deliberate nor negligent. It was inadvertent caused by the various court cases.
b) Sufficient reason
Sufficient reason cannot be laid down by any hard and fast rule but is determined by reference to the circumstances of each case. This means the applicant has a duty to lay before court all materials which court can use to exercise it's discretion. However in The interest if justice, court should not deny a party extension of time if doing so is not prejudicial.
In the instant case My Lord, granting extension of time will enable the filing of the inventory and the completion of the civil case for recovery of the land. Denial of leave in this matter would prejudice the court matter and therefore deny the administrators or beneficiaries the ability to benefit from the estate. C) Any other reason
My lord, this honourable court is clothed with unlimited jurisdiction to make
anyorders for the ends of justice.
The applicant will be much obliged by any other order as this court may deem fit.
The deceased never left behind any biological children but was succeed by nephews and nieces, who nominated the administrators to be granted authority of the estate. The beneficiaries if the estate/ administrators now seek to file an inventory for the estate.
My lord, whereas the administrators acknowledge the inadvertent failure to
file the inventory and their involvement in various court battles up to date are the main reason the inventory hasn't been filed to date. The beneficiaries/ administrators are cooperating to have the civil matter determined in court after which althe property shall be dealth with in accordance with the Succession Law.
This honourable court has a wide discretion under s.98 of the CPA Cap 71 and under S.13 of the Judicature Act to make orders as it seems necessary for the ends of justice. From the facts in the instant matter before this court, it would be in the interest of justice for leave to be granted to file the inventory out of time in order to have the matter involving the property of the estate.
My Lord, it is out humble submission that this application is allowed and
the administrators are given an extension of time within which to file the inventory.
