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The appellant did not possess the mandatory qualifications for appointment as administrator of the estate, as he was neither an heir, spouse, devisee, nor creditor of the deceased. The absence of family meeting minutes was not fatal, but the lack of legal interest in the estate was decisive.
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The court held that the District Court was correct in ordering dual administration to protect the interests of all beneficiaries, including those deriving rights through the late Evarist Qamara Xhiffi, and specifically appointed the 3rd respondent as co-administrator with the appellant.
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The appellant was not a person interested in the deceased's estate as required by Paragraph 2(a) of the Fifth Schedule to the Magistrates' Courts Act. The High Court correctly revoked his appointment, having properly considered both the statutory requirement of beneficial interest and the alleged wishes of the deceased, which were not proven. The sole ground of appeal lacked merit.
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Court of Appeal held the appellant lacked standing to seek revocation of a grant, but allowed the appeal because two grants over the same estate could not co-exist.
Appellant is not a relative or beneficiary and lacks legal interest in the estate; appointment of a stranger is a miscarriage of justice when close relatives are alive.
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