The above named respondents successfully petitioned in the
High Court for the revocation of the letters of administration granted to the
Appellant as administrator of the estate of the late Mohamed Shaffi Sheikh. In
his stead, the High Court appointed the respondents to administer the said
estate. The Appellant, aggrieved by the decision of the High Court filed an
appeal to the Court of Appeal without leave of the High court. A day before the
appeal was called on for hearing, the respondents raised a preliminary
objection to the effect that the appeal was incompetent for want of leave to
appeal to the Court of Appeal.