Andrew C Mfuko vs George C Mfuko, Civil appeal no 320 of 2021.

This case provide that when administrator of estate file invetory and judge closure the case you can not sue administrator become fabtus officio.

On our part, having heard the advocates’ submissions to the questions we posed, there is no dispute that the order of the High Court in Probate Cause closed the matter with the result that the respondent ceased to be an administrator. Having vacated office as an administrator, he could not sue or be sued in that capacity.

Apparently, both learned advocates agree that it was wrong for the appellant to have sued the respondent in his capacity as an administrator. That means the suit was instituted against a person who had no capacity to act as an administrator regardless of the fact that the order closing the Probate Cause may have been erroneous.

As both learned advocates are in agreement on the invalidity of the proceedings in Land Case No. 11 of 2017, we exercise our powers of revision pursuant to section 4 (2) of the Appellate Jurisdiction Act and nullify them and quash the resultant judgment and decree. Since, there

could not be a valid appeal before us against the decision in Land Case No. 11 of 2017, we thus strike out the appeal.
As the order we have made results from an issue raised by the Court suo motu, we make no order as to cost.