In the matter of an application by Nasur Muhamad Drani, Rehema Drani and Sadam Hussein Abale for revocation of Letters of Administration (Miscellaneou(2)
Observed later treatment
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Holding
Application for revocation of Letters of Administration dismissed as time-barred. Letters of Administration granted on 23 April 2006 remained valid only until 30 May 2025 under section 337(2) of the Succession Act. The application being determined in July 2025 was filed after the grant had expired. Applicant directed to apply under section 337(4) to extend the grant before seeking revocation.
Outcome
Application dismissed as time-barred; applicant directed to seek extension of grant under section 337(4) of the Succession Act
Facts
Letters of Administration to the estate of the late Haji Muhammad Nasser Drani were granted to Akute Khamis Hassan, Nasur Mahamad Drani and Rehema Drani on 23 April 2006. Akute Khamis Hassan died on 14 May 2018, rendering the grant inoperative. The surviving administrators renounced their interest and sought revocation of the grant to instead appoint Saddam Hussein Abale. The application was filed on 11 April 2023 but was not determined until July 2025. Under section 337(2) of the Succession Act, grants issued before 31 May 2022 remained valid for three years from that date, meaning the 2006 grant expired on 30 May 2025.
Issues
- Whether the application for revocation of Letters of Administration and fresh grant can be granted given the lapse of time since the original grant.
Orders
- Application dismissed as time-barred.
- Applicant advised to apply under section 337(4) of the Succession Act to extend the grant.
- No order as to costs.
Rules and key headnotes
Legislation cited (7)
- Civil Procedure Act Cap.282 s.98
- Succession Act Cap.268 s.234(2)(d)
- Succession Act Cap.268 s.337(2)
- Succession Act Cap.268 s.337(4)
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
- Civil Procedure Rules O.52 r.3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.