LEGAL PRINCIPLE: SUCCESSION LAW — Administration of Estates — Letters of Administration — Revocation Not Justified Absent Proof of Fraud or Dishonesty
PRINCIPLE STATEMENT
Letters of administration cannot be revoked without proving dishonesty or fraud on the part of the administrator before or after the grant. None was proved, so the Court of Appeal was right to refuse revocation.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Otun & Ors v. Otun & Anor (2004) NLC-2051999(SC) at p. 13; Paras B–C.
"It cannot therefore be revoked without proving any dishonesty or fraud on his part before or after the grant was made. There was none proved here and so the Court of Appeal was right in refusing to revoke it."
EXPLANATION / SCOPE
Letters of administration are revoked only for fraud or dishonesty. The principle applies to succession law. The administrator is entitled to protection. The rule ensures stability of grants. The party seeking revocation must prove misconduct. The principle is well-established.