ABBAS ALLY ATHUMAN BANTULAKI AND ANOTHER VS. KELVIN VICTOR MAHITY (Administrator of the Estate of the late PETER WALCHER)CIVIL APPEAL NO. 385 OF 2019.

Abstract

Held; i. Administrator’s actions are bound to be for the benefit of the rightful heirs and are precluded from embezzling in any way misapplying the deceased estate. ii. A requirement to appoint an administrator of the estate or executor of the will of the deceased is not a luxury but is done with a purpose. iii. Legal Representative is required to apply to be registered as owner of a deceased property in the place of the deceased and upon being so registered he becomes vested with the mandate to exercise various powers stipulated including disposition.