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The applicant demonstrated good cause for the delay in filing inventory and accounts, including ongoing efforts to identify, collect, and resolve disputes over the deceased's properties, justifying the grant of extension of time.
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The applicant advanced good cause for delay, including ongoing identification and collection of estate assets and disputes over ownership, justifying extension of time to file inventory and accounts.
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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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Despite ignorance of law not being a sufficient ground, the court found it in the interest of justice to grant the extension to avoid prejudice to the heirs, who would otherwise be forced to recommence probate proceedings, causing further delay and expense.
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The High Court reinstated the appellant as administratrix, found no sufficient proof that the estate had been distributed in 1982, and ordered her to file an inventory within one month.
The Primary Court properly revoked the Appellant's appointment due to failure to personally distribute the estate, but erred in appointing the Administrator General, who is not among those eligible under the Fifth Schedule; a reputable and impartial person should be appointed instead.
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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 ordered estate administrators to file an inventory and account, and directed further distribution and accounting of specified assets and funds.
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