[1991] UGHC 81
The applications for grant of letters of administration were not ready for grant because the applicants failed to provide evidence of publication of notice and failed to comply with section 6 of the Administrator-General's Act, which mandates either proof of declinature by the Administrator-General or service of a...
Source-derived case information.
- Citation
- [1991] UGHC 81
- Parties
- Applicant: Tulib Hassan Oola; Respondent: Estate of Hassan Abdul Ehein Tiaa; Applicant: Nuru Omar; Applicant: Chmed Omar; Respondent: Estate of Ahmed Omar
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- H/C Administration cause No. MG. 5 of 1991
- Procedural Posture
- Administration Cause / Application for Letters of Administration
- Outcome
- Application returned for completion of preliminary requirements; no grant issued.
- Judges
- Okello, J
- Legal Topics
- Letters of Administration, Estate Management, Administrator General Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tulib Hassan Oola
Applicant
Estate of Hassan Abdul Ehein Tiaa
Respondent
Nuru Omar
Applicant
Chmed Omar
Applicant
Estate of Ahmed Omar
Respondent
Procedural Posture
Administration Cause / Application for Letters of Administration
Legal Issues
- 1 Whether the statutory notice of application for letters of administration has been published as required.
- 2 Whether there is evidence of compliance with section 6 of the Administrator-General's Act regarding notice and declinature.
- 3 Whether the preliminary requirements for grant of letters of administration have been satisfied.
Ratio Decidendi
The applications for grant of letters of administration were not ready for grant because the applicants failed to provide evidence of publication of notice and failed to comply with section 6 of the Administrator-General's Act, which mandates either proof of declinature by the Administrator-General or service of a 14-clear-days written notice of intention to apply. The court held that these statutory requirements are mandatory and must be satisfied before the applications can be considered for grant. Accordingly, the applications were returned to the Registry for completion of the preliminary requirements.
Court Disposition
Application returned for completion of preliminary requirements; no grant issued.
Orders
- Applications for letters of administration are returned to the Registry for completion of statutory preliminary requirements before being placed before a Judge for grant.
Full Case Text
Judgment text and source record
15 paragraphs
## <sup>W</sup>aq. W<sup>a</sup> <sup>M</sup><sup>o</sup> **^^4\* (V^.**
THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA - HOLDEN AT GULU DISTRICT. H/C ADMINISTRATION OFUSE NO. MG. 5 OF rj9l TA LIB HASSAN OOLA . APPLICANT. AND HA 3SAIT ABDUL EHEIN TIAA ...................... DECEA SEE.
## BEFORE: THE HONOt.-',Li\_BLE MR. JUSTICE G. Ab OKE. LLO.
This applico/bicn for- grant of Letters of Administration of the estate of chic deceased, was or. 22.3«9\*! filed in the High Court at its District Registry of Gulu by Tulib Hassan Oola as son of the deceased. The value of the Estate is estimated to be shillings three hundred thousand (300,000/=). Subsequently the application was placed before me for grant of the letters.
When I perused the record in the file, I was of the view that the application is not yet ready for grant because, there is still no evidence that the Notice of the application has been published as required. Secondly, there is no evidence of compliance with the provision of 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-da.ys Notice in writing of the intention of the applicant to apply for the Letters of Adminstration has been served on the Administrator-General. This section is mandatory. In the circumstances the application is returned to the Registry for the preliminary requirements to be completed before the application is placed before a Judge for grant. <sup>z</sup>-
*z <sup>A</sup> i* (T. IVi. Okello. " Judge. 11.6.1991.
The Han. Mr. Justice A. R. Salvade LAB REFUGLIO OF UGAMDA TH THE WHEN COURT OF UGANDA - HOLDEN AT GUIN DISTRICT REGISTRY. H/C ADMINISTRATION GAUSE NO. MG. 20 OF 1990. NURU OMAR $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ $\cdots$ LHMED OMAR) $\mathcal{L}$ $\mathbb{N} \qquad \mathbb{N}$ $...$ DECEASED. SHIIK CHAR MOHAMED ............
## THE HONOURABLE MB. JUSTICE G. M. OITLLO. **BEFORE:**
This application for grant of Letters of Administration of the Estate of the deceased was on 7.11.1990 filed in the Righ Court at its District Registry of Gulu. The value of the estate is estimated to be 50,000,000/= (fifty million) shillings. The application was brought jointly by Nuru Omar and Chmed Omar as sons of the deceased.
The application was placed before me for issue of the grant.
When I perused the record in the file, I was of the view that the application is not yet ready for grant of Letters of Administration: - There is no evidence that the Notice of application has been published. Secondly there is no evidence that the Administrator-General has declined to administer the Estate nor that a 14-clear-days Notice in writing has been gerved on the Administrator-General of the applicants' intention to apply for the grant of the Letters of Administration as required under section 6 of the Administrator-General's Act.
In the circumstances the application is returned to the Registry for the preliminary requirements to be completed before the application is placed before a Judge for grant.
$\sim$ $\sim$
$\overline{1}$
G. M. Okello. Judge. 11.6.1991.