Nik Hashim FCJ:

The Question

[1] On 20 June 2006, this court granted leave to appeal on the following question:

Whether a citation under O 72 r 7 of the Rules of the High 1980 (the RHC) can be issued against a representative of the deceased holding a grant of a letter of administration merely by filing a praecipe together with an affidavit verifying the facts without filing any formal application by way of a summons in chambers.

Background

[2] The appellant, the administrator of the estate of his late father (the deceased), was the citee while the respondents, the brothers and sisters of the deceased, were the citors. The appellant had been granted a letter of administration for the estate of the deceased; the respondents, claiming that the said grant of the letter was defective, disclosed that they intended to file a writ against the appellant to cancel or revoke the said grant. For this purpose and as a condition precedent before the said writ could be issued, the citors applied by filing a praecipe together with a verifying affidavit for the issuance of a citation pursuant to r 8(2) of O 72 of the RHC, which the learned senior assistant registrar (the SAR) granted on 29 Nove