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Petitioner lacked capacity as administrator's tenure had expired; failed to substantiate grounds for winding up, including inability to pay debts; company has potential for revival and winding up would not be just and equitable. Petition dismissed.
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Petitioner, being the only wife and mother to minor children, unanimously recommended by family, and having complied with all statutory requirements, is fit to be appointed as administrator. No caveat or objection was raised; court is satisfied with compliance and fitness.
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The applicant demonstrated sufficient cause for the delay, as the hindrances encountered were beyond her control and she acted diligently; therefore, the court exercised its discretion to grant an extension of time.
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The court held that the discovery of new assets after closure of the probate justifies re-opening the proceedings and re-appointment of the administrator to account for the new assets.
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High Court appeal in an estate administration dispute dismissed, with the court upholding the lower courts on the administrator’s duties, heir involvement, and valuation issues.
The High Court dismissed an application challenging an estate inventory, holding that the first applicant lacked standing and the second applicant’s claim was insufficiently supported.
The application for extension of time was filed more than three years after the applicant's appointment as administrator, contrary to Rule 109(2) of the Probate Rules, which requires such applications to be made before expiry of the prescribed period. The court therefore lacks jurisdiction to grant the extension as prayed, but may issue an order under Rule 110(1) for filing inventory or accounts in the main probate cause, not in the present application.
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The High Court revoked an administrator’s appointment after finding the probate court had gone beyond its jurisdiction by deciding disputed property ownership.
The High Court ordered estate administrators to file a true and full inventory of the late Mathias Sibomana Mbonela’s estate within three months.
The application for revocation of letters of administration lacks merit because the respondent's failure to file accounts was caused by applicants' obstruction, the property in dispute belonged to the deceased, the respondent is not a stranger and could be appointed by the court, and the issue with the surety bond is not fatal under the law.
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