Administration of estates

Sierra Leone — Supreme Court · 1973

Principle established: An applicant seeking letters of administration under the Mohammedan Marriage Act must prove he is the deceased's eldest brother, and the Administrator-General acting bona fide is entitled to costs out of the estate.

Sierra Leone — Supreme Court · 1973

Principle established: An Administrator-General appearing in an official capacity cannot be made personally liable for costs due to an irregularity in appointment, and an error of law justifies an appellate court reversing a costs order.

Sierra Leone — African Law Reports · 1972-73

Principle established: An error of law affecting costs justifies an appellate court in setting aside a costs order, and an Administrator-General acting officially cannot be made personally liable due to an appointment irregularity.

Sierra Leone — African Law Reports · 1972-73

Principle established: The Administrator-General must obtain letters of administration before commencing a declaratory action in respect of property devolving upon him at the death of an intestate.

Sierra Leone — Court of Appeal · 2015

Principle established: In Sierra Leone, the validity of an assent to beneficiaries is governed by local law and applicable English statutes of general application as of 1880.

Sierra Leone — Court of Appeal · 2012

Principle established: Where there are contentious issues in a legal dispute, the proceedings should be initiated by a writ of summons rather than an originating summons.

Sierra Leone — Court of Appeal · 2012

Principle established: Legal proceedings involving contentious issues must be commenced by a writ of summons to allow for adequate resolution of the dispute.

Sierra Leone — Court of Appeal · 1962

Principle established: Where a defendant disputes liability to account, the trial judge must determine that preliminary issue before ordering an account against defendants who have been served.

Sierra Leone — Court of Appeal · 1962

Principle established: When a defendant raises a prima facie defence denying that plaintiffs are entitled to an account, the judge must first try that preliminary question before making an order for accounts.

Sierra Leone — Supreme Court · 2005

Principle established: An interlocutory application brought on behalf of a deceased party without an application for substitution, evidence of authority, or proof of letters of administration is fatally defective and must be dismissed.

Sierra Leone — Court of Appeal · 2014

Principle established: An action may be struck out as an abuse of process if it seeks to re-litigate issues that have already been adjudicated upon by a court of competent jurisdiction.

Sierra Leone — Court of Appeal · 1973

Principle established: Because Kroo customary law does not recognize the concept of next of kin, a grant of letters of administration on that basis is invalid and the estate must be administered by the Administrator-General.

Sierra Leone — African Law Reports · 1972-73

Principle established: Kroo customary law does not recognize the concept of 'next of kin', rendering a grant of letters of administration on that basis void and requiring estate administration by the Administrator-General.

Sierra Leone — Supreme Court · 2016

Principle established: The Supreme Court may exercise supervisory jurisdiction over High Court matters involving the administration of estates and land disputes to ensure procedural regularity and justice.

Sierra Leone — Supreme Court · 2016

Principle established: Supervisory jurisdiction is invoked to address issues in the lower courts regarding the administration of estates and the devolution of property among competing claimants.

Sierra Leone — Court of Appeal · 1962

Principle established: An executrix de son tort who assumes control over estate realty with full knowledge of testamentary devises holds the property as a constructive trustee for the named devisees.

Sierra Leone — Court of Appeal · 1962

Principle established: An intermeddling executor de son tort who possesses estate property with knowledge of the will holds that property on trust for the beneficiaries entitled under the devise.

Sierra Leone — Court of Appeal · 2015

Principle established: An appeal regarding the sale of property within an intestate estate may be struck out or dismissed if it is found to have been filed irregularly.

Sierra Leone — Court of Appeal · 1963

Principle established: A testamentary clause creating a specific fund for paying debts constitutes an expression of contrary intention preventing an unpaid purchase price from being a charge on the specific property.

Sierra Leone — Court of Appeal · 1963

Principle established: A testamentary direction creating a special fund to satisfy charges demonstrates a contrary intention excluding statutory provisions that would otherwise charge the debt on the specific realty.

Sierra Leone — Supreme Court · 1963

Principle established: A will establishing a special fund to pay estate charges operates as a contrary intention preventing unpaid purchase money from charging the conveyed property.

Sierra Leone — Supreme Court · 1961

Principle established: A purported family arrangement executed under undue influence is invalid, and property conveyances executed mala fide and collusively by an administrator must be set aside.

Sierra Leone — African Law Reports · 1972-73

Principle established: Where a court orders the sale of estate land without specifying the method, it must be sold by public auction, and sale by private treaty requires specific sanction by the ordering judge.

Sierra Leone — Supreme Court · 1961

Principle established: Assets of an intestate estate devolve on surviving next of kin, and estate assets will not be ordered realised without evidence demonstrating necessity for administration purposes.

Sierra Leone — African Law Reports · 1972-73

Principle established: Under the Fatal Accidents Acts, if a personal representative fails to sue within six months of the deceased's death, an action may be maintained by any person entitled to benefit from the estate.

Sierra Leone — Court of Appeal · 2019

Principle established: Where an appellant dies before judgment is delivered, the court may order the substitution of the administrator of the deceased's estate to ensure the proceedings continue and affect the estate appropriately.

Sierra Leone — Supreme Court · 2012

Principle established: An order of mandamus may be sought to compel a public official to carry out a court order regarding the purchase of property.

Sierra Leone — Court of Appeal · 1972

Principle established: Where a court order for the sale of estate land does not specify the method, sale must be by public auction, and sale by private treaty requires specific judicial sanction.

Malawi · 2025

Principle established: Inchoate judgments, such as those where damages have not yet been assessed, are incapable of being appealed to the Supreme Court.

Uganda · 2015

Principle established: A beneficiary may be estopped from challenging estate distribution if they have acquiesced to another's possession and use of the property for a significant period.

Sierra Leone — African Law Reports · 1972-73

Principle established: A purchaser may rescind a land sale contract and recover their deposit if the vendor cannot complete, and beneficiaries cannot sell estate land under administration without a vesting deed.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined the validity of a property sale by administrators of an intestate estate and the subsequent claim for recovery of possession against occupants.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined the validity of a property sale by administrators of an intestate estate and the subsequent claim for recovery of possession against occupants.

Sierra Leone — Supreme Court · 2016

Principle established: The Supreme Court's supervisory jurisdiction is used to oversee High Court proceedings in complex estate administration cases involving multiple lawsuits and parties.

Uganda · 2015

Principle established: Legal representatives of an estate may maintain or defend actions regarding the title to land previously held by a deceased proprietor, especially where mental capacity is at issue.

Kenya · 2026

Principle established: The Supreme Court lacks jurisdiction to hear appeals in private succession matters unless they raise issues of general public importance and have been properly certified.

Uganda · 2026

Principle established: A court may appoint an administrator for a deceased party's estate specifically to facilitate the continuation and completion of a pending legal appeal.

Sierra Leone — Court of Appeal · 1973

Principle established: Under the Administration of Estates Act, only children of deceased brothers and sisters of an intestate take per stirpes; the statutory right does not extend to grandchildren.

Kenya · 2025

Principle established: The omission of an administrator ad litem's name in a petition title is a curable procedural error rather than a fatal defect if substitution has already occurred in a lower court.

Sierra Leone — Court of Appeal · 2015

Principle established: A High Court judge may reserve a question of law for the consideration of the Court of Appeal by stating a case under the Courts Act.