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The High Court held that a contentious probate matter after a caveat should continue in the same case file, with later proceedings conducted like a civil suit.
There was a procedural irregularity in not converting the matter into a suit with proper pleadings after caveators entered appearance; to cure this, the proceedings must be converted into a suit, assigned a civil suit number, and parties directed to file necessary pleadings.
Source excerpt
The Court of Appeal quashed probate proceedings taken after a caveat was entered, holding that failure to issue citation under the Probate Rules rendered later steps a nullity.
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