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The application is struck out because the court is functus officio, having already determined previous applications for the same relief on grounds of limitation and res judicata. The applicants are bound by prior rulings unless the limitation anomaly is rectified by proper legal procedure.
Source excerpt
The affidavit in support of the application was affirmed by the applicants' advocate based solely on information supplied by the applicants, not on the advocate's personal knowledge, rendering it hearsay and incurably defective. Without a supporting affidavit from the applicants or an averment of belief in the truth of the information, the affidavit cannot support the application, and the application must be struck out.
Source excerpt
Preliminary objections in a probate revocation application were upheld on the basis that the supporting affidavit was fatally defective for omitting the place of attestation.
The High Court dismissed an application to revoke letters of administration, but rejected accounts that distributed estate property to a non-listed heir.
The application for revocation of grant of letters of administration must be filed within sixty days from the date of grant as per item 21 of the Law of Limitation Act. The applicant failed to do so and did not seek extension of time. The application is therefore time barred and dismissed on that ground alone.
Source excerpt
The High Court revoked a grant of letters of administration for failure to file inventory and accounts and because the administratrix was in prison.
The High Court revoked letters of administration after finding that the deceased had left wills, meaning the grant had been obtained on an untrue basis.
The High Court granted certification for a further appeal, holding that the application raised an arguable point of law about whether probate proceedings had already closed.
High Court probate appeal upholding revocation of letters of administration after finding the administratrix failed to protect beneficiaries’ interests and administer the estate properly.
The Court of Appeal granted Joseph Shumbusho 30 days to lodge an appeal, after both sides agreed there was no objection and no costs were ordered.
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