In the matter of an application by Nasur Muhamad Drani, Rehema Drani and Sadam Hussein Abale for revocation of Letters of Administration (Miscellaneous Application No. 39 of 2023)
Observed later treatment
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Holding
The court dismissed the application 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. Since the application was determined in July 2025 after the grant had expired, the court could not revoke an inoperative grant. The applicants were advised to apply under section 337(4) to extend the grant.
Outcome
Application dismissed as time-barred; applicants advised 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. The surviving administrators renounced their interest and sought to have the grant revoked and instead granted to Saddam Hussein Abale. The application was filed on 11 April 2023 but was only determined in July 2025. Under section 337(2) of the Succession Act, grants issued before 31 May 2022 remained valid only until 30 May 2025. By the time of determination, the grant had expired.
Issues
- Whether the court should revoke Letters of Administration granted in 2006 and grant them instead to a substitute administrator.
- Whether the application is time-barred given the expiry of the grant under section 337(2) of the Succession Act.
Orders
- Application dismissed as time-barred.
- No order as to costs.
- Applicants advised to apply under section 337(4) of the Succession Act to extend the grant.
Rules and key headnotes
Legislation cited (5)
- Civil Procedure Act Cap.71 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 Order 52 Rules 1, 2, and 3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.