civil decision 2024 12 23 16 41 37
The trial court was within its statutory powers to appoint the second respondent, an interested party, as administratrix, even if she did not petition for appointment. However, the appointment of the village chairperson as co-administrator was improper as there was insufficient basis to conclude he was a necessary, impartial, and able party to unite the families. The appeal partly succeeds to the extent that the village chairperson's appointment is quashed, but the second respondent remains as sole administratrix.
Source excerpt
- Letters of administration
- Appointment of administrator
- Powers of primary court
- Right to be heard
- Appeals process