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The death of the sole executrix rendered the previous grant inoperative, necessitating revocation and the appointment of a new administratrix to ensure proper administration of the estate.
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The appellant failed to prove fraud or forgery, did not provide evidence that the respondent's appointment or the sale of the estate property was unlawful, and did not establish that the proceedings were time-barred or that the respondent was unqualified. The trial court confined itself to the pleadings and applicable law. The appeal lacked merit and was dismissed.
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The High Court held that a prior probate matter had been revoked, not closed, so res judicata did not bar a fresh application for administration.
The High Court dismissed a second probate appeal, holding that the administrator failed to perform her duties and that the lower court could order distribution of estate property.
The Respondent obtained the grant of letters of administration by concealing the existence of a pending administration and by making untrue allegations essential to justify the grant, thus revocation is warranted under section 49(1)(b) and (c) of the Probate and Administration of Estates Act.
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The current application is not strictly identical to the prior application as it includes a prayer for invalidation of the will, which was not previously adjudicated; therefore, the court is not functus officio and retains jurisdiction to entertain the application.
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Grant of letters of administration revoked due to Respondents' misrepresentation of identity and violation of section 49(1)(a)(b)(c) of the Probate and Administration of Estates Act; Applicant not appointed as administrator or co-administrator as it would perpetuate the issues complained of.
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The High Court declined to revoke an administrator’s appointment, finding no proven fraud or willful default. Delay in filing inventory was excused by pending litigation.
The High Court dismissed an application to revoke a probate grant, finding no proof of fraud, concealment, or invalid execution of the deceased’s will.
The appeal was not prosecuted on the pleaded grounds, amounting to failure to prosecute. However, the court found a material procedural irregularity in the appointment of the respondent as administrator while a prior probate cause remained unclosed. The court exercised its revisionary powers to nullify the proceedings and decisions of the lower courts and revoked the respondent's appointment.
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