Division: IN THE COURT OF APPEAL
Date: 12TH JANUARY, 1959
Before: VAN LARE AG. C.J., GRANVILLE SHARP J.A. AND OLLENNU J.
JUDGMENT OF VAN LARE AG. C.J.
Van Lare Ag. C.J. delivered the judgment of the Court:.
The only substance in this appeal is that the order granting Letters of Administration to the respondent is, unfortunately, wrongly worded. We think that the Judge’s final order should have followed the language of sub-rule 2 of Rule 21 of Order 60, as the function, of the Judge was “to determine the issue as to who is entitled to a grant of probate or Letters of Administration, as the case may be.” ‘This was an application for a grant of Letters of Administration, and therefore upon determination the Judge should only have declared the respondent to be the person entitled to a grant of Letters of Administration. This in effect means that the respondent will have formally to apply to the Divisional Court for a grant of letters of Administration to him, and he well have to go through the normal formalities.
DECISION
Subject to this variation of the judgment appealed from the appeal is dismissed, with costs fixed at £ 21 Os. Od.
