Lt. Ojok v Ocaya (Revision Order No. 7 of 1991) [1991] UGHC 86 (13 June 1991)

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA ^'HOLDEN AT GULU DISTRICT.

## REVISION ORDER NO. 7 OF 1991

(Original High Court Administration Cause No, MG. 7 of 1986) Lt. Ojok Christopher Deceased,

## AND

Mr, Peter Ocaya , o. Applicant,

Before.? The Honourable Mr, justice, G. M, Qkello•

This application for grant of Letters of Administration of the Estate of the deceased was on 16-10-86 filed in the Chief Magistrate's Court of Gulu by Peter Ocaya as father of the deceased. The value of the Estate was estimated to be 15 million shillings. The grant of betters of Administration was made on 30.1,1987 by a Magistrate grade II who signed for District Registrar.

The Chief Magistrate -of the area however, forwarded the record of the grant to this court for a possible revision order because according to him, the Magistrate grade II acted without jurisdiction in making the grant. The relevant file was placed before me for revision,

'Then I perused the record of the grant, I was in full agreement with the learned Chief Magistrate that the Magistrate grade II acted without jurisdiction in making the grant thus rendering the grant illegal:- The value of the Estate which is estimated to be 15 million shillings is clearly outside the jurisdiction of a Magistrate grade II'to grant Letters of Administration. A Magistrate grade II has power to grant Letters of Administration in Estates whose value

do not exceed ten thousand shillings. (See section <sup>1</sup> of Decree 13/72). 'This section is still good la^ and the resfriction imposed by it can not be circumvented by a Magistrate grade II signing the grant as or for District Registrar in the hope of enhancing his jurisdiction because the legal jurisdiction of Magistrates are spelt out by law and appointment to the, post of District Registrar is a legal, appointment. On matters of Judicial decision a grade II Magistrate can not sign for a Chief Magistrate or for a Magistrate grade I or for District Registrar. By Statutory Instrument No. 65 -- 4 . made under 0.44 *r,2* C. P. R, only Chief Magistrates and Magistrates grade I are appointed District Registrars of.the High Court at each of those places designated as District Registry - The grant of Letters of Administration made'by the Magistrate grade II in this cause was made without jurisdiction\*

However in view of the lapse of time since the grant of the Letters of Administration, <sup>I</sup> am of the view that a; revision order will, cause a . serious hardship to someone. In any case there is no complaint regarding the.manner in-which the grantee has been administering the Estate.. . For that' reason no grant will be made. (see section 84 (c) (ii) of the Civil Procedure Act, The grant is confirmed.

G. M. Okello.

Judge. 13.6.1991.