Vernon Boteju v. Public Trustee – sllr 2001 volume 2 page 124

In The Public Trustee (executor of the estate of Francis Joseph Botejue) v. Vernon Boteju, the court addressed whether the executor was functus officio at the time the action was instituted, if a 33-month delay in judgment delivery resulted in prejudice amounting to a failure of justice, and whether sufficient evidence existed to establish a rei vindicatio claim for property recovery. It was determined that the executor retained authority as the administration of the estate was incomplete with property remaining in the appellant’s possession. The court found that the delay did not constitute a failure of justice and that the evidence adequately supported the claim. Reference was made to Sections 187 and 540 of the Civil Procedure Code and Article 138(1) of the Constitution, as well as rele