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Due to prolonged delay in appointment of administrator for the deceased’s estate, the court substitutes the petitioner for administration of estates as legal representative and orders amendment of pleadings within three days.
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The High Court quashed a land tribunal appeal record for failing to properly substitute a deceased respondent with his administrator, ordering a retrial.
The High Court dismissed a land appeal as incompetent, holding that the appellant had succeeded below and had no basis to challenge the favourable ruling.
The Court of Appeal nullified proceedings conducted after deceased parties remained on the record, quashed the judgment, set aside the decree, and remitted the matter for rehearing.
The Court of Appeal held that the application was incompetent because it was filed by a former administratrix without locus standi, and struck it out with costs.
The High Court granted extension of time and substitution of a deceased appellant with her administrator in a land appeal matter.
The High Court extended time and, on revision, quashed a District Land and Housing Tribunal decision after finding the case proceeded with deceased or improperly substituted parties.
Although applicant failed to account for fifteen days of delay, the delay was not inordinate given the circumstances and the interest of beneficiaries; extension of time is granted to enable restoration and execution proceedings.
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The High Court struck out an application for extension of time because it was filed against a deceased respondent without substituting the legal representative.
Applicant failed to advance sufficient reasons for delay in applying for substitution as legal representative within statutory period; court dismissed application to set aside abatement order.
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