Division: IN THE COURT OF APPEAL
Date: 26TH JANUARY, 1959.
Before: VAN LARE AG. C.J., GRANVILLE SHARP J.A. AND
OLLENNU J.
JUDGMENT OF VAN LARE AG. C.J.
This is a matter dealing with the administration of a personal estate, which comprised the following: one air-tight trunk, four men’s cover cloths, one flint gun, two bundles of iron sheets, £4 cash, one gold ring, pillow cases, blankets and a cutlass. There is evidence that the respondent had been appointed as the customary successor of the deceased, and had been handed these articles about 10 to 14 years before the institution of this action. In our opinion this action was frivolous, and a waste of money.
The Judge found in favour of the respondent, rightly in our view. In wording his judgment, however, he appeared to have made an order granting letters of administration to the respondent. This he cannot do, as in this action, arising as a result of a summons for directions, the only function of the Court is to determine which party is entitled to a grant as against the other. The successful party in the action may not be anxious, and may deem it unnecessary to apply for letters.
The proper order was as follows: “Judgment for the caveator, who is entitled to a grant of letters of administration.”
DECISION
Save to the extent of this variation of the judgment the appeal is dismissed, with costs fixed at £19 14s. 3d.
