Tulib Hassan Oola v Nassan (H/C Administration cause No. MG. 5 of 1991) [1991] UGHC 81 (11 June 1991)

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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. ^z-

*z ^A 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.

$\sim$ $\sim$

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G. M. Okello. Judge. 11.6.1991.