Court strips administrators of control over late Byanyima's estate

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Capt. John Kassami and Prof. Francis Wazarwah Bwengye have lost legal authority over the estate of the late Boniface Muyogoma Byanyima.

This follows a High Court ruling in Mbarara dismissing their application to renew the letters of probate that had been granted to them on May 11, 2018, in their capacity as executors of Byanyima’s will.

The letters of probate expired by operation of law on May 31, 2022. However, the duo had not filed a full inventory in court as required under the law.

In a ruling dated March 27, 2026, High Court Judge Allan Paul Nshimye declined the application, citing opposition from all beneficiaries, who accused the applicants of mismanaging the estate and failing to comply with legal requirements before the expiry of the grant.

“I find that the applicants have not shown cause as required in section 337 (4) of the Succession Act to warrant this court to exercise its discretion to extend the expired grant of probate to the estate of the late Byanyima. In conclusion, the application is dismissed,” Nshimye ruled.

Court records show that all beneficiaries of the estate, including Winnie Byanyima, the executive director of the Joint United Nations Programme on HIV/AIDS (UNAIDS), opposed the application for renewal.

Anthony Byanyima, Edith Byanyima, Martha Byanyima and Olivia Byanyima are the other beneficiaries to the estate.

Through their lawyer Andrew Ankunda, Kassami and Bwengye sought renewal of the letters of probate to enable them to complete the administration of the estate.

However, Justice Nshimye said that although a court may consider renewing a grant where some beneficiaries object, it cannot ignore a situation where all beneficiaries oppose the application, since the estate belongs to them and not the executors.

“Where all the beneficiaries of an estate are opposed to an application for renewal of an expired grant of probate or letters of administration, the court ought to reject the application, or if inclined to grant the renewal make specific orders that lead to an expedient end of the administration of the estate,” Justice Nshimye noted.

The judge further observed that Kassami is currently indisposed in South Sudan and is unlikely to return soon. He said renewing the grant in such circumstances would be detrimental to the administration of the estate.

He explained that the distribution of property would stall due to the absence of one executor, which would not be in the best interests of the beneficiaries.

In determining applications for letters of probate and letters of administration, the law requires the court to prioritise the best interests of the beneficiaries.

Opposing the application through their lawyer, Robert Ssenfuka, the beneficiaries argued that the applicants had not complied with legal requirements and had allegedly mismanaged the estate.

Court records also show that the estate still has ongoing cases and is involved in a government compensation process.

Kassami and Bwengye argued that the estate has not yet been fully administered and distributed among the beneficiaries.

Legal position

Grants of letters of probate and administration issued before May 31, 2022, when the Succession Act was amended, expired on May 31, 2023, while those issued after that date expire two years from the date of issuance.

If an estate is not fully distributed, the executor must apply to the court that issued the original grant for an extension of time.

Applicants must provide a justified reason for the delay, a full inventory of the estate’s assets, and a final account demonstrating transparency in the management of the estate.

Acting with expired letters constitutes intermeddling, which is an offence under Section 265 of the Succession Act. If the extension is denied, a fresh application for probate may be required.

Who was Byanyima

Byanyima was a Member of Parliament representing North East Ankole in the country’s first Parliament from October 10, 1962, to February 1971, when Idi Amin became president and suspended Parliament. He was a Democratic Party stalwart. He died on May 16, 2017.