[1991] UGHC 71
The court determined that the application for letters of administration was procedurally deficient due to the applicants' failure to provide evidence of marriage between the deceased and the widow applicant, lack of proof of publication of the statutory notice of application, and non-compliance with section 6 of the...
Source-derived case information.
- Citation
- [1991] UGHC 71
- Parties
- Applicant: Mrs. Phillomena Adonga Wilobo; Applicant: Mr. Omello Johnson; Respondent: Estate of Silvano Adonga Wilobo
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- H/C Administration Cause- No. MG.11/89
- Procedural Posture
- Administration Cause / Application for Grant of Letters of Administration; Preliminary Review
- Outcome
- Application returned to Registry for compliance with preliminary requirements; not granted at this stage.
- Judges
- GM OKELLO, J
- Legal Topics
- Letters of Administration, Probate Procedure, Administrator General Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mrs. Phillomena Adonga Wilobo
Applicant
Mr. Omello Johnson
Applicant
Estate of Silvano Adonga Wilobo
Respondent
Procedural Posture
Administration Cause / Application for Grant of Letters of Administration; Preliminary Review
Legal Issues
- 1 Whether the applicants have provided sufficient evidence of marriage between the deceased and the widow applicant.
- 2 Whether the statutory notice of the application has been published as required by law.
- 3 Whether there has been compliance with section 6 of the Administrator-General's Act regarding notice to or declinature by the Administrator-General.
Ratio Decidendi
The court determined that the application for letters of administration was procedurally deficient due to the applicants' failure to provide evidence of marriage between the deceased and the widow applicant, lack of proof of publication of the statutory notice of application, and non-compliance with section 6 of the Administrator-General's Act. The court emphasized that these requirements are mandatory, particularly when one of the applicants is not a widow or widower. As such, the application could not be granted until these preliminary requirements were satisfied. The court returned the application to the Registry for compliance with the necessary procedural steps before it could be...
Court Disposition
Application returned to Registry for compliance with preliminary requirements; not granted at this stage.
Orders
- The application is returned to the Registry for compliance with preliminary requirements, including publication of notice and compliance with section 6 of the Administrator-General's Act, before being placed before a judge for grant.
Full Case Text
Judgment text and source record
13 paragraphs
## 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.
$\ldots \ldots / 2 \ldots$
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. ....
... 2
G. M. Okello. v
Judge. <sup>r</sup>'- '\* ■'7.6.1991.
2