The High Court in Mbarara has dismissed an application by two executors seeking to renew a grant of probate for the estate of the late Boniface Muyogoma Byanyima, citing strong opposition from beneficiaries and failure to justify the extension.
In a ruling delivered on March 27, Justice Nshimye Allan Paul M. declined to “resurrect” the expired grant of probate that had originally been issued in May 2018 to Capt. John Kassami and Prof. Francis Wazarwahi Bwengye.
The executors had asked court to renew the grant to allow them complete administration of the estate, validate an inventory filed in 2019, and extend the timeline for filing a full account.
They argued that the estate remained entangled in ongoing court cases and a government compensation process, and had not yet been fully distributed among beneficiaries.
However, the application faced stiff resistance from beneficiaries, including Winnie Byanyima and other family members, who accused the executors of mismanaging the estate and failing to comply with legal requirements during the validity of the original grant.
Justice Nshimye noted that while the law allows courts to extend expired probate grants under Section 337 of the Succession Act, applicants must demonstrate “just cause” to justify such renewal.
“The estate belongs to the beneficiaries and not the executors,” the judge ruled, adding that courts cannot ignore a situation where all beneficiaries oppose the renewal.
Court records showed that the original grant expired on May 31, 2022, and that all listed beneficiaries — including Anthony, Edith, Martha, Winnie, and Olivia Byanyima — had formally opposed its renewal, either physically in court or via virtual proceedings.
The judge further pointed to practical challenges in administering the estate, noting that one of the executors, Capt. Kassami, was reportedly indisposed in South Sudan and unable to participate in proceedings.
“This development… is detrimental to any possible administration of the estate,” the ruling stated, warning that even if the grant were renewed, the absence of one executor would stall the distribution process.
Justice Nshimye concluded that the applicants had failed to meet the legal threshold required to extend the grant.
“I find that the applicants have not shown cause… to warrant this court to exercise its discretion,” he ruled.
The court dismissed the application and ordered each party to bear its own legal costs.
The decision leaves the administration of the Byanyima estate unresolved, potentially opening the door for fresh legal steps by beneficiaries to secure new administrators or pursue alternative remedies under Uganda’s succession laws.