In Re - Estate of Sheikh Mohamed Bin Ali Bin Saad El Mandiry (Deceased) (Cause No. 10 of 1933)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The proper procedure for an administrator seeking release from appointment is by way of originating summons under Order XXXIV Rules 1 and 2, not by petition or notice of motion. The application is for release, not revocation, and follows English practice as incorporated in the procedural rules.
Outcome
Notice of motion struck out; applicant permitted to re-file using correct procedure
Facts
The administrator de bonis non of the estate of Sheikh Mohamed Bin Ali Bin Saad El Mandiry applied to be released from his appointment. The Public Trustee had also filed a separate petition seeking letters of administration to the estate. Respondents objected to the procedure adopted by the administrator, arguing the application should be by way of petition by a third party rather than by notice of motion. The administrator argued the proper procedure was by originating summons following English practice.
Issues
- Whether an application by an administrator for release from appointment should be brought by way of originating summons, petition, or notice of motion.
Orders
- Notice of motion struck out.
- No order as to costs.
- Applicant at liberty to take such further proceedings as advised.
Rules and key headnotes
Legislation cited (2)
- Order XXXIV Rule 1(g)
- Order XXXIV Rule 2
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.