David Ojok Liba v Julius Peter Tokuiny Ocorobong (H/C Revision Order No. 13 of 1991) [1991] UGHC 80 (11 June 1991) | Letters Of Administration | Esheria

David Ojok Liba v Julius Peter Tokuiny Ocorobong (H/C Revision Order No. 13 of 1991) [1991] UGHC 80 (11 June 1991)

Full Case Text

O-CJV.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA - HOLDEN AT GULU DISTRICT

H/C REVISION ORDER NO. 13 OF 1991.

(From: Original H/C Administration Cause No. MG. 12/1989) JULIUS PETER TOKUINY OCOROBONG 'DECEASED. AND

DAVID OJOK LIBA ..............................7 APPLICANT.

## BEFORE:

V . • '

## THE HONOURABLE MR. JUSTICE G. M. OKELLO.

This application for grant of Letters of Administration of the Estate of the deceased was on 13-6.1989 filed in the High Court at its District Registry of Gulu by David Ojok Liba as brother of the deceased. The value of the Estate was estimated to be shillings 60 million. The grant was made by a Magistrate grade II who signed as a District Registrar on 28.6,1989- The Chief Magistrate of the area forwarded the file to this court-for a possible Revision Order on the ground that the grant was illegal as the Magistrate grade II acted without jurisdiction in making the grant. The file was placed before me.

When I perused the record of the grant, I was in full agreement with the learned Chief Magistrate, the Magistrate grade II acted without jurisdiction when he made the grants-The value of the Estate which was stated to be 60 million is clearly beyond the jurisdiction of a Magistrate's Court let alone Magistrate Grade II whose jurisdiction is limited to Estate which value does not exceed ten thousand shillings, (See section <sup>1</sup> of Decree 13/72). This is still good law.

This restriction can not be circumvented by the Magistrate signing as District Registrar of the High Court, Statutory Inst.65 - 4 because by ) . made under Order 44 r.2 of the, C. P. R only Chief Magistrates or Magistrates Grade I are appointed District Registrars at each of those places designated District Registry of the High Court <sup>o</sup> Consequently the grant which was .made by the Magistrate grade II was made without jurisdiction and therefore illegal.' It is cancelled.

G. K. SkeiloV'

Judge.

*i:*

11.6.1991.

2