Martin Oballim v Mrs. Getrude Mande Oballim (Revision Order No. 9 of 1991) [1991] UGHC 88 (12 June 1991)

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## THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA - HOLDEN AT GULU DISTRICT REGISTRY REVISION ORDER NO. g OF 1991 (From Original Admini' stration Cause Ho. I® • 4 of 1989)

Martin Oballim • o... 0... <sup>n</sup> .. ........ Deceased.. A N D

Mrs. Getrude Mande Oballim ............... Applicant.

## Before: . The Honourable Mr. Justi ce G. LI. Q£e110.

This application for grant of Letters of Administration of the Estate of the deceased-was on 21.3.1989 filed in the High Court at its District Registry of Gulu by Mrs\* Getrude Mancie Oballim as widow of the•deceased. The value of the ■Estate was estimated to be shillings 30 million, and the grant of betters of Administration in this cause was made by a Magistrate Grade II who signed for District Registrar on 5th April, 1989.

The Chief Magistrate of the area forwarded the relevant record of the grant to this court for a possible revision order because according to him the Magistrate grade II made <sup>e</sup> \* the grant '.without jurisdiction thus making the grant illegal. The relevant file was placed before me.

> When I perused the record of the grant in the file, I was in full agreement with the learned Chief Magistrate that the Magistrate grade II made the grant of Letters of Administration in this cause without jurisdiction:-

An Estate whose value is estimated to be 30 million shillings is clearly well above the jurisdiction of any Magistrate's court to grant Letters of Administration therein. A Magistrate grade Il'<sup>s</sup> power to grant Letters of Administration is limited to Estates whoso value does not exceed ten thousand shillings. (See section <sup>1</sup> of Decree 13/72). This section is « ... /2<sup>o</sup> » <sup>o</sup>

still good law and the restriction it imposed can not be circumvented by the Magistrate grade II signing for District Registrar so as to enhance his jurisdiction, because the legal jurisdictions of these various officers are set by law. A Magistrate grade II therefore can not sign for Chief Magistrate, or Magistrate grade I or for District Registrar. Statutory Instrument 65 - 4 made under 0.44 r.2 of the C. P. R only Chief Nagistrates and Magistrates grade I are appointed District Registrar of the High Court at each of those places which are designated District Registry.

In the circumstances the grant as made by the Magistrate grade II was done without jurisdiction. However in view of the lapse of time since the grant was made I am of the opinion that serious hardship will be caused to some persons if a revision order is made. Consequently no Revision Order (Section 84 (c) (ii) Civil Procedure Act. will be made.

G. M. Okello.

Judge. 12.6.1991.