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High Court, by way of preliminary issue, determines that action was properly brought against administrators of estate, notwithstanding that a grant of administration had not been issued at the time of the summons.
Preliminary issue - claim by way of summary summons - order 37, rule 7, RSC - claim against administrators of estate - grant of administration issued after commencement of action - appointment of administrators pursuant to s 27(4) Succession Act 1965 - issue of summons following High Court order, but before grant - requirement that defendant be competent to answer claim at time of issue of summons - status of defendants at time of issue - differing High Court authorities.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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