High Court Judge Rose Ougo has ordered former Bonchari MP Oroo Oyioka’s first wife to file for grant of letters of administration to the deceased’s estate within 60 days.
The ruling was issued on October 31 in an application that had been filed by Pamela Otieno Okode, the alleged second wife to the former lawmaker.
The judge said that she was satisfied that Pamela had made a good case for her quest to proceed and seek letters of the grant of the estate of the deceased.
The court noted that Oyioka’s first wife, Teressa Bitutu, had responded to the application and there was no dispute that Bitutu ranked highest in regards to the preference given in regard to taking out the grant of letters of administration.
“I, therefore, find that the citee (Bitutu) do petition the court for the grant of letters of administration intestate to the estate of the late MP within 60 days from the date of this ruling.”
The judge said that, in the event that Bitutu fails to comply with the directions, then Pamela shall upon expiry of 60 days, be at liberty to petition for the grant in accordance with the law and the relevant rules.
In her application, Pamela said that Bitutu had failed to take out a grant of letters of administration.
She argued that being the other wife of the deceased is desirous to take out a grant of letters of administration.
Bitutu opposed the application, saying that Pamela was not legally married to the deceased, since the (deceased) did not have the legal capacity to enter into another marriage.
However, the judge ruled; “I find that the question of whether or not Pamela was a wife or not is a matter that should be better resolved before the probate and administration court once a petition for grant of letters of administration has been filed.”
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