MATHUUMAMBA BOYI SAIBA Vs. MATHUSRI DEEPAMBA BOYI SAIBA

JUDGEMENT

(1.) THEIR Lordships are of opinion that there is no ground for this application, and that the appeal fails. They think that the decree of May 8, 1868, is in accordance with the judgment pronounced and with the practice of the Court. The judgment of the Court declares that the matter for their consideration was " the future preservation and management of the whole property with a view to the interests of all parties": the portion of the decree which is objected to was in the opinion of their Lordships necessary for the security and preservation of the property. There is nothing in the decree to prevent the appellants, if they think fit, applying for the discharge of the receiver and manager, and there is nothing to prevent the Court putting the senior widow living in the management of the property if the Court is satisfied that she is a fit and proper person to manage it on behalf of all the persons interested.

(2.) THEIR Lordships will therefore humbly advise Her Majesty to dismiss the appeal.