The Applicant failed to prove that the proceedings leading to the grant of probate to the Respondent were defective in substance. The will was properly propounded, the Respondent complied with legal requirements, and the absence of a certificate of death was sufficiently explained by affidavit. The existence of a prior grant to the Applicant, which was subsequently revoked, does not render the Respondent's grant defective. The application for revocation is without merit and is dismissed.
The sole witness statement for the appellants was incurably defective for not being sworn and having a defective jurat, contrary to mandatory procedural rules; this vitiated the entire proceedings and rendered the trial court's decision a nullity.
The High Court allowed a criminal appeal after finding the consent and certificate for an economic crime prosecution were irregular, vitiating the trial.