RULING
Before this court is a CHAMBER SUMMON brought Section 48 of Succession Act, Section 3A of the Civil Procedure Act, Order 12 Rule 7 of the Civil Procedure Rules and all enabling provision of the law dated 19th May 2026 seeking the following orders: -
1. THAT this honourable court be pleased to review and/or set aside its orders closing the file and same do proceed to hearing to the final determination.
2. That cost of this application be in cause.
The NOTICE OF MOTION was premised on the following grounds cited herein below and further other grounds to be adduced at the hearing hereof; -
a) THAT the matter relates to the estate of deceased person which has not been settled.
b) THAT Setting aside the orders of closing the file and listing the same for hearing will enable this honourable court distribute the estate of the deceased person thereby bringing to an end this cause.
c) THAT failure by the petitioner to take up necessary step herein was occasioned by reasons beyond the petitioner’s control.
d) THAT it is in the best interest of justice that the orders sought be granted.
In support of the application is a sworn affidavit of SELLY K. KHAERA MUDAKA sworn on the 19th May, 2026
1. THAT I am a female adult of sound mind and the applicant herein hence competent to depose to the facts of this affidavit.
2. THAT I am the petitioner/beneficiary in this matter in relation to the estate of the above named deceased person.
3. THAT the matter is in respect of the estate of the estate of a deceased person which is yet to be distributed by this honourable court and the estate can only be distributed by this honourable court upon hearing this matter to its conclusion.
4. THAT the matter was closed by the court on its own motion before the same being concluded.
5. THAT it is therefore prudent that this honourable court sets aside its orders closing this file and the same be fixed for hearing of summons for confirmation of grant filed herewith.
6. THAT I therefore swear this affidavit in support of my instant application.
7. THAT what is stated herein is true to the best of my knowledge, information and belief.
DECISION
a) THAT this court has reviewed the chamber summons together with the corresponding affidavit and pursuant to Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules the dismissal orders issued by this court of the entire proceedings for want of prosecution be is and is hereby set aside which subsequently places this case docket in to the active track.
b) THAT I make no orders as to costs save that a status conference shall be held on the 26/5/2026 to lay down a road map of adjudication on any pending issues with regard to this estate.
Before this court is a CHAMBER SUMMON brought Section 48 of Succession Act, Section 3A of the Civil Procedure Act, Order 12 Rule 7 of the Civil Procedure Rules and all enabling provision of the law dated 19th May 2026 seeking the following orders: -
1. THAT this honourable court be pleased to review and/or set aside its orders closing the file and same do proceed to hearing to the final determination.
2. That cost of this application be in cause.
The NOTICE OF MOTION was premised on the following grounds cited herein below and further other grounds to be adduced at the hearing hereof; -
a) THAT the matter relates to the estate of deceased person which has not been settled.
b) THAT Setting aside the orders of closing the file and listing the same for hearing will enable this honourable court distribute the estate of the deceased person thereby bringing to an end this cause.
c) THAT failure by the petitioner to take up necessary step herein was occasioned by reasons beyond the petitioner’s control.
d) THAT it is in the best interest of justice that the orders sought be granted.
In support of the application is a sworn affidavit of SELLY K. KHAERA MUDAKA sworn on the 19th May, 2026
1. THAT I am a female adult of sound mind and the applicant herein hence competent to depose to the facts of this affidavit.
2. THAT I am the petitioner/beneficiary in this matter in relation to the estate of the above named deceased person.
3. THAT the matter is in respect of the estate of the estate of a deceased person which is yet to be distributed by this honourable court and the estate can only be distributed by this honourable court upon hearing this matter to its conclusion.
4. THAT the matter was closed by the court on its own motion before the same being concluded.
5. THAT it is therefore prudent that this honourable court sets aside its orders closing this file and the same be fixed for hearing of summons for confirmation of grant filed herewith.
6. THAT I therefore swear this affidavit in support of my instant application.
7. THAT what is stated herein is true to the best of my knowledge, information and belief.
DECISION
a) THAT this court has reviewed the chamber summons together with the corresponding affidavit and pursuant to Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules the dismissal orders issued by this court of the entire proceedings for want of prosecution be is and is hereby set aside which subsequently places this case docket in to the active track.
b) THAT I make no orders as to costs save that a status conference shall be held on the 26/5/2026 to lay down a road map of adjudication on any pending issues with regard to this estate.