In Brief
Gorden Wapshare died intestate in 1991, and a Succession Certificate was granted to his son, the appellant, in 2005. The respondent, Shirley Katheleen Wheeler—a British citizen and daughter of Beatrice (who married Edward Wapshare, Gorden's brother, as a second wife)—applied in 2005 to revoke the certificate. The Sub-Court dismissed the application, holding that the respondent was an outsider without standing and that res judicata barred the claim. The High Court set aside the dismissal only on the res judicata ground and remanded. The Supreme Court held that the respondent had no lineal descent or family connection to the Wapshare family and thus lacked standing to challenge the certificate. None of the statutory grounds for revocation under Section 383 were made out. The Court set aside the High Court's remand and restored the Sub-Judge's dismissal, upholding the Succession Certificate."
The lawyer headnote and full judgment text are available to registered users.