Mangauka v. Sugandi Fernando and Others – sllr 2005 volume 3 page 153

In the case between the petitioner‑respondent (administrator of the deceased’s intestate estate) and the intervenient‑petitioner (claiming probate based on a purported Last Will), the court addressed the validity and effect of the purported Last Will, the conclusiveness of the order rejecting probate, and the appropriate appellate procedure under the Civil Procedure Code. It was determined that the District Court’s dismissal of the intervenient‑petitioner’s probate application on grounds of forgery amounted to a final judgment on the Last Will’s validity and the entitlement to probate, precluding further renewal of the application. As such, the court held that the correct remedy was to file an appeal rather than seek leave to appeal. The leave to appeal application was dismissed with costs