Uganda v Kirs Poline Opoka (Revision Order No. 10 of 1991) [1991] UGHC 73 (7 June 1991)

## THE REPUBLIC OF UGANDA

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

REVISION ORDER NO. 10 OF-1991. ' . -7.

(Original H/C Administration Cause No; JG .7/88)'

at Gulu. '

CANON ALIPAYO OYOO LAl'IGO ................... DECEASED HSS POLIKE OPOKA ........................ ,r,. APPLICANT

## BEFORE: THE HONOURABLE ER. JUSTICE G. G. OKELLO

The application for grant of Letters of Administration of the Estate of the deceased Rev. Canon Alipayo Oyoo Latigo in this cause was filed in this court at its District Registrict of Gulu on 7/ll/l988« The value-of the Estate was estimated to be forty million shillings. The application was made by Kirs Poline Opoka as daughter of the deceased. Following that application the Letters of Administration was granted on 3O/l/t989 • by a Magistrate Grade II who signed as a District Registrar. The file'-was subsequently sent to this court by the Chief Magistrate of the area for a possible revision order on the ground that the Magistrate acted without jurisdiction in granting the Letters of Administration.

'Yhen I perused the record in the file, I was of the view that the learned Chief Magistrate was right:- The value of the Estate clearly puts the subject outside.the jurisdiction of a Magistrate Grade II. Section <sup>1</sup> of Decree 13/72 Administration of Estates (Small Estate) Special Provisions) Decree limits the jurisdiction of Magistrate Grade II to grant Letters of Administration only where the value of the Estate does not exceed ten thousand shillings. This Decree is still good lav?. It has not yet been amended.

• ...-./2..e

## Legal Hotice No.32/62 made under

Under/Order 44 rule 2 of the Civil Procedure Rules only Chief Magickrate or Magistrate Grade I ot each of the places designated District Registry of the Righ Court shall be Bistrict Registram for such District Registry. Magistrates Grade II are not appointed District Registrars of the High Court. Hence this Magistrate Crode II had no power to sign as such.

Thirdly section 5 of the Administrator General's Act demands that no Grant of Letters of Administration must be made to any person except to an executor appointed by the will of the deceased or to the midower or widow of the deceased $\odot$ or her attorney duly authorised in vriting to administer the Istate until the applicant has produced to the court proof that the Administrator-General or his Agent has declined to administer the Estate or proof that 14 - clear - days -Notice in writing has been given to the Administrator-General of the applicant's intention to apply for grant of the Letters of Administration.

In the instant case, the opplication was made by a daughter as such. There was therefore need for her to produce in court proof that the Administrator-General or his Agent has declined to administer the Estate or proof that a 14 - clear - days - Notice in writing was served on the Administrator-General of her intention to apply for Letters of Administration. These proofs were not produced. There. , was also no evidence of publication of the Notice of the application.

When I talked to the grantee, she told me that she was $\mathcal{D}_{\mathcal{X}}$ never told of the above requirements and she surrendered the Letters of Administration which was granted to her for cancellation.

$\cdots$

For the reasons given hereabove, I am of the view that it is not proper to-allo \* the grexnt to stand as no serious hardship would .be...occasioned to- anybody. The Letters of Administration granted to Mrs Feline- Opokn is hereby

G. E. Okello.

revoked. . ..

Judgeo 7/6/1991.