Silvano Adonga v Mrs Philomena Wilobo and Mr Omello Johnson (H/C Administration Cause- No. MG.11/89) [1991] UGHC 71 (7 June 1991)

## the Hon. Mr. Justice A. R. Solvade THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA - HOLDEN AT GULU DISTRICT REGISTRY.

H/C ADMINISTRATION CAUSE NO. MG. 11/89 SILVANO ADONGA WILOBO ............ ...... DECEASED 1. MRS PHILOMENA WILOBO) 2. MR. OMBLLO JOHNSON

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

This application for grant of Letters of Administration of the Estate of the deceased was on 3.5.1989 jointly filed in the High Court at its District Registry of Gulu by Mrs. Phillomena Adonga Wilobo and Mr. Omello Johnson respectively as widow and son of the deceased. The value of the Estate which comprises a Permanent building, a Grinding machine and Bank Account is under estimated to be shillings three hundred fifty thousand $(350,000/*)$ . The application was subsequently placed before me for grant of the letters.

When I perused the record in the relevant file, I was of the view that the application is essential informations to be granted:- There is no evidence of marriage between the deceased and the alleged widow applicant. Secondly there is no evidence that the Notice of the application has been published as required. Thirdly there is no evidence of compliance with section 6 of the Administrator-General's Act. This section requires proof that the Administrator-General or his Agent has declined to administer the estate or that a 14-clear-days Notice in writing of the intention of the applicants to apply for the grant of the Letters has been served on the Administrator-General. This section is mandatory when the applicant is not a widow or a widower. In the instant case, one of the applicants is a son.

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In the circumstances the application is returned to the Registry for those preliminary requirements like publication of the Notice of the application is complied

with before the application is placed before a Judge for grant. ....

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G. M. Okello. v

Judge. <sup>r</sup>'- '\* ■'7.6.1991.

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