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The High Court held that the respondent administrator was functus officio after the probate was closed, so the appeal failed and was dismissed.
Despite applicant's negligence in prioritizing business over court obligations, for the sake of justice and considering the circumstances, extension of time is granted.
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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 administrators demonstrated sufficient cause for the delay, specifically the rectification of property details at the Land Registry, justifying the extension of time to file Accounts.
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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 granted an unopposed application for extension of time to file estate inventory and accounts, with a warning of possible revocation for non-compliance.
Respondents failed to file inventory and statement of accounts within statutory period and without seeking extension, constituting clear violation of statutory duties and court orders, warranting revocation of their appointment as administrators.
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The High Court lacks jurisdiction to entertain a civil suit challenging the distribution and administration of an estate after the probate proceedings have been closed by court order. Any grievances must be addressed through appeal or revision, not by instituting a new civil case, as the court is functus officio regarding the concluded probate matter.
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The High Court revoked an administrator’s appointment for failure to perform estate duties and appointed the applicant as new administrator.
Properties acquired by the deceased, regardless of whether acquired before or after the second administratrix's marriage, and not registered in the name of the first wife, form part of the deceased's estate and are subject to distribution among all heirs. Properties registered solely in the second administratrix's name before the deceased's death do not form part of the estate. Administratrices must file a proper inventory and account for all estate assets and income as per statutory duties.
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