Under Section 256(2) of the Succession Act, Letters of Administration remain valid for two years from the date of grant. There is no need for validation within this period unless they've expired

Waboga David
Oct 11
4 min read

Facts

The Applicants, Kisinde Patrick and Ssendikadwa Joseph, were granted Letters of Administration to the estate of the late Somoka Sitanule on 30th October 2023 by the High Court at Luwero.

They subsequently divided the estate among the beneficiaries but failed to file the mandatory inventory and account of the estate within the statutory period of six months from the date of grant, as required by the Succession Act.

The Applicants attributed the delay to the vast nature of the estate and thus filed the present application under Sections 14 and 33 of the Judicature Act, Sections 96 and 98 of the Civil Procedure Act, and Section 258 of the Succession Act, seeking validation of their Letters of Administration.

They contended that the validation was necessary to enable them to file the inventory and complete the estate administration process.

Issues

Whether the Application for validation of Letters of Administration was competent and properly before the court.
Whether the Letters of Administration granted on 30th October 2023 required validation or extension.
Whether the Applicants could, through submissions, introduce a new prayer (extension of Letters of Administration) outside their pleadings.

Legal Representation

For the Applicants, Counsel Arihaili Emmanuel
For the Respondents, None (Respondents were present but unrepresented)

Submissions

Counsel for the Applicants submitted that:

The Letters of Administration were granted on 30th October 2023.

The administrators attempted to file an inventory on 15th April 2025, but were advised to first seek an extension.

All beneficiaries consented on 18th June 2025 to allow the Applicants to continue managing the estate for purposes of filing the inventory.

The application sought validation or extension purely to regularize the administrators’ authority to account for the estate, which had already been distributed.

Counsel argued that the application was made in good faith and was necessary to comply with the statutory obligations of administrators under the Succession Act.

Court’s Findings

Justice Faridah Shamilah Bukirwa Ntambi dismissed the application, finding it incompetent and unnecessary.

The Court held that under Section 256(2) of the Succession Act, a grant of Letters of Administration remains valid for two years from the date of issuance. Therefore, since the Letters were granted on 30th October 2023, they would remain valid until 30th October 2025.

“Under Section 256 (2) of the Succession Act, it is clear that the grant of letters of administration shall be valid for a period not exceeding two years. That means that the letters of administration which are subject of this Application, having been granted on the 30th October 2023, are valid until the 30th of October 2025.”

The Judge emphasized that the prayer for validation was moot, as there was no lapse in the validity of the Letters of Administration.

“A moot prayer is one, that even if it is granted, it would have no practical effect on the rights or obligations of the parties before the Court. The law is clear that courts do not entertain applications seeking reliefs which are purely academic or devoid of any operative effect.”

The Court further held that Counsel’s attempt to introduce a new prayer for extension during submissions was procedurally impermissible, as it fell outside the scope of the pleadings.

Citing Order 6 Rule 5 of the Civil Procedure Rules, the Court reiterated that reliefs must strictly arise from the pleadings, and a court cannot grant reliefs not specifically claimed.

“Counsel’s attempt effectively amounted to giving evidence at the bar, which is impermissible. Oral submissions cannot substitute for evidence and cannot form the basis of judicial determination.”

The Court also referenced Attorney General v Paul Ssemogerere, Court of Appeal Civil Appeal No. 71 of 2010, and Byamukama Another v Kompaire (Civil Appeal 42 of 2021), underscoring that courts cannot grant unpleaded or moot reliefs, as doing so undermines fair notice, orderly litigation, and procedural justice.

Holding

The Application for validation of the Letters of Administration was incompetent and unnecessary since the Letters were still valid.
The attempt to seek an extension through oral submissions was procedurally flawed and impermissible.
The Application was dismissed, with no order as to costs.

“Having regard to the law, the procedural rules and the settled principles of justice, I find that this Application is incompetent and cannot be entertained. The prayers sought by the Applicants are moot and procedurally flawed. The Applicants are hereby encouraged to file a proper application for extension of time within which to file the inventory before the expiry of their letters of administration.”

Key Takeaways

Under Section 256(2) of the Succession Act, Letters of Administration remain valid for two years from the date of grant. There is no need for validation within this period unless they have expired or been revoked.
Courts will not entertain applications that are academic, redundant, or without practical effect on the parties’ rights or obligations.
Reliefs must strictly arise from pleadings; introducing new prayers during submissions violates Order 6 Rule 5 of the Civil Procedure Rules.
Advocates cannot introduce facts or new claims through submissions; all material facts must be presented by affidavit or written evidence.
Administrators who fail to file inventories within the required time should file a formal application for extension of time before expiry of their Letters, rather than seeking validation.

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