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Appellants had locus standi and pursued the correct remedy by appeal, but since the Will was validated and not challenged, distribution must follow its provisions. No legal justification exists to interfere with the trial court's decision.
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The will was invalid as the reasons for disinheritance did not meet the legal threshold under customary law, and the respondent was not given an opportunity to defend herself; further, the will was not properly admitted as evidence in the Primary Court, rendering the appellant's appointment as administrator void.
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The High Court revoked a probate grant after finding the will excluded some children of the deceased without justification and was discriminatory.
The High Court partly quashed a tribunal decision that declared the respondent owner of a disputed house, but upheld dismissal of the appellant’s claim.
The appellant failed to prove, on a balance of probabilities, that the disputed farm formed part of the deceased's estate. The documentary evidence was insufficient and inconclusive, and the will's validity was undermined by the deceased's incapacity at the time of its making. The concurrent findings of the lower courts were not shown to be perverse or based on misdirection.
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Second appeal in a probate dispute dismissed. The court held there was no valid will, no strict time bar applied, and an administrator was still needed.
The deceased's will is invalid and unenforceable due to omission of heirs born after its execution without explicit grounds for exclusion; intestacy rules must apply.
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The High Court quashed probate proceedings after the proposed administrator renounced the role, and allowed a fresh petition before a competent court.
The administration proceedings in the primary court were fundamentally flawed due to incomplete and improperly filled forms, lack of evidence regarding the will, and failure to distribute all estate assets to heirs. The closure of the administration cause did not preclude the High Court from intervening to correct these illegalities. The district court erred in dismissing the revision application without addressing these substantive defects.
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The High Court held that the deceased’s Will was invalid for uncertainty, date discrepancies, and non-recognition of the widow, and granted letters of administration jointly.
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