[1991] UGHC 88
The court found that the Magistrate Grade II acted without jurisdiction in granting Letters of Administration for an estate valued at 30 million shillings, as the law restricts such grants to estates not exceeding ten thousand shillings. The attempt to sign for the District Registrar did not confer jurisdiction, as...
Source-derived case information.
- Citation
- [1991] UGHC 88
- Parties
- Applicant: Mrs. Getrude Mande Oballim; Respondent: Martin Oballim (deceased)
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Revision Order No. 9 of 1991
- Procedural Posture
- Revision Order / Final Determination
- Outcome
- No revision order issued; grant of Letters of Administration stands despite lack of jurisdiction.
- 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
Mrs. Getrude Mande Oballim
Applicant
Martin Oballim (deceased)
Respondent
Procedural Posture
Revision Order / Final Determination
Legal Issues
- 1 Whether the Magistrate Grade II had jurisdiction to grant Letters of Administration for an estate valued at 30 million shillings.
- 2 Whether the grant made by the Magistrate Grade II was valid under the applicable law.
- 3 Whether a revision order should be made to set aside the grant given without jurisdiction.
Ratio Decidendi
The court found that the Magistrate Grade II acted without jurisdiction in granting Letters of Administration for an estate valued at 30 million shillings, as the law restricts such grants to estates not exceeding ten thousand shillings. The attempt to sign for the District Registrar did not confer jurisdiction, as statutory limits on judicial authority cannot be bypassed. However, due to the significant lapse of time since the grant and the potential for serious hardship to affected persons, the court exercised its discretion not to issue a revision order to set aside the grant.
Court Disposition
No revision order issued; grant of Letters of Administration stands despite lack of jurisdiction.
Orders
- No revision order will be made under Section 84(c)(ii) of the Civil Procedure Act.
Full Case Text
Judgment text and source record
14 paragraphs
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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.