[1991] UGHC 86
The Magistrate grade II acted without jurisdiction in granting Letters of Administration for an estate valued at 15 million shillings, as the statutory limit for such grants by Magistrates grade II is ten thousand shillings. The attempt to sign as or for District Registrar does not confer jurisdiction, as legal...
Source-derived case information.
- Citation
- [1991] UGHC 86
- Parties
- Applicant: Mr. Peter Ocaya; Respondent: Lt. Ojok Christopher (deceased)
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Revision Order No. 7 of 1991
- Procedural Posture
- Revision Order / Final Order
- Outcome
- grant confirmed despite jurisdictional defect
- Judges
- GM OKELLO, J
- Legal Topics
- Letters of Administration, Jurisdiction of Magistrates, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr. Peter Ocaya
Applicant
Lt. Ojok Christopher (deceased)
Respondent
Procedural Posture
Revision Order / Final Order
Legal Issues
- 1 Whether a Magistrate grade II had jurisdiction to grant Letters of Administration for an estate valued at 15 million shillings.
- 2 Whether the grant made by the Magistrate grade II was valid in law.
- 3 Whether the lapse of time and absence of complaints justified confirmation of the grant despite the jurisdictional defect.
Ratio Decidendi
The Magistrate grade II acted without jurisdiction in granting Letters of Administration for an estate valued at 15 million shillings, as the statutory limit for such grants by Magistrates grade II is ten thousand shillings. The attempt to sign as or for District Registrar does not confer jurisdiction, as legal jurisdiction is defined by statute and appointment. However, due to the lapse of time since the grant and the absence of complaints about the administration of the estate, the court determined that a revision order would cause undue hardship. Therefore, the grant is confirmed despite the jurisdictional defect, relying on the principle that revision should not be exercised where it...
Court Disposition
grant confirmed despite jurisdictional defect
Orders
- No revision order will be made.
- The grant of Letters of Administration is confirmed.
Full Case Text
Judgment text and source record
14 paragraphs
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.