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High Court probate appeal dismissed. The court upheld administration under Islamic principles and found no proof that the respondents misused estate property.
The High Court dismissed a probate appeal, upholding findings that the purported will was invalid under Islamic law and that the appellant was not a lawful heir.
The Court of Appeal dismissed an application to review its earlier decision, holding that the grounds raised did not justify review and amounted to a rehearing.
The applicant failed to establish any of the grounds for review as stipulated by law and precedent. The prior decision regarding the heirs did not annul the administrator's appointment or the sale of the property. The application is an impermissible attempt to rehear the appeal rather than a proper review.
Source excerpt
The Court of Appeal upheld dismissal of an appeal over estate property, finding Sofia Said had no title or authority to transfer the suit premises to the appellant.
High Court appeal in a probate dispute over estate administration, limitation, alleged fraud, and inheritance rights in a deceased father’s estate.
The High Court set aside the District Court’s approval of a will, holding it invalid for purporting to distribute more than one-third of a Muslim estate.
Appeal dismissed as time-barred; the estate administration and distribution were upheld, though the court noted the distribution should comply with Islamic law.
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