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The High Court dismissed a probate appeal, holding that the administrator had not properly closed the estate and that revocation of his appointment was justified.
The High Court dismissed an appeal against revocation of letters of administration, holding that the appellant failed to prove her claims and justify non-distribution.
The Respondent failed to file an inventory as ordered by the court and excluded the Applicant, a lawful heir, from the distribution of the estate. This failure constitutes a ground for revocation of the letters of administration under section 49(1)(e) of the Probate and Administration of Estates Act. There was insufficient evidence of fraud, but the Respondent's non-compliance with statutory duties and court orders rendered her appointment useless and inoperative.
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Failure to file inventory for nine years and misapplication of estate proceeds disqualifies the administrator from continuing; revocation is warranted and extension of time is not appropriate in these circumstances.
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The High Court revoked letters of administration for failure to file inventory and concerns over misapplication of estate proceeds, and appointed new joint administrators.
Failure to file inventory for nine years and misappropriation of estate proceeds disqualifies Daudi Mahende Kichonge from continuing as administrator; revocation is warranted.
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