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The High Court stayed probate-related proceedings over the Mengi estate, citing multiplicity of suits and its inherent power under section 95 of the Civil Procedure Code.
The death of the appointed administrator, Stephen Peter Mushi, rendered the previous grant inoperative, justifying his removal and the issuance of fresh letters of administration to the applicants to ensure proper administration of the estate.
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The respondent failed to discharge legal obligations for nine years, rendering the grant of probate useless and inoperative. However, revocation is deferred to allow the respondent 90 days to conclude sale and distribution, failing which probate will cease.
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The High Court revoked the respondent’s letters of administration for estate mismanagement and ordered return of the matrimonial home to the widow.
The respondent's acts in distributing the estate before formal appointment were lawful as he was appointed by family members and acted as a legal representative under customary law and the Civil Procedure Code. The administration of the estate is closed, and reopening would cause more harm than good. No injustice or unfairness was found in the process.
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