Singh v Singh [1997] FJHC 266; Hbc0280.97l (12 December 1997)

IN THE HIGH COURT OF FIJI
(AT LAUTOKA)
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0280 OF 1997L

BETWEEN:

SURJAN SINGH
s/ Ganga Singh
PLAINTIFF

AND:

PRATAP SINGH
s/o Ganga Singh
DEFENDANT

Mr Sharma for the Plaintiff
Mr Singh for the Defendant

Date of Hearing: 3rd October 1997
Date of Ruling: 12th December 1997

RULING

This is an application made pursuant to the Trustee Act for removal of the Defendant as Executrix and Trustee of the estate of GANGA SINGH. The documentation had been served.

The Defendant PRATAP SINGH has appeared in Court on four occasions in person. On those occasions he said that he opposed the application. He advised the Court on the 26th September that his daughter had tried to explain the content to him but he did not see a Lawyer because he could not afford one. A senior practitioner was in Court on that day and offered his services to explain the matter fully to the Defendant. His offer was taken up by the Defendant.

On the 3rd October 1997 the Defendant confirmed that he has discussed the matter with the Senior Practitioner, who was acting at all times as AMICUS CURAE. Despite a great deal of opportunity having been given to the Defendant to put matters before the Court in answer to this application, the Defendant failed to do so.

In his Affidavit in Support of the Originating, Summons filed on the 22nd September 1997, the Plaintiff alleges that the Defendant is being uncooperative and obstructionist. It appears to me that this may well be the case. The Defendant in this matter, although having been given great deal of latitude and assistance, has done nothing but put forward allegations to the Court which have been unsupported by any documentation. It appears to me that the Defendant has no interest in co-operating with the Court to have the matter resolved. He shows no intention of putting any cogent and understandable material before the Court.

The Courts have a clear inherent jurisdiction to make such decisions as will facilitate the orderly and proper winding up of estates. Accordingly, as the Defendant is, in my view plainly being uncooperative, I think it best to cede to the application and have the Defendant removed as the Executor and Trustee of the estate of GANGA SINGH thus allowing the Plaintiff to remain as the sole Executor and Trustee of that estate. Hopefully this will now lead to this matter being concluded.

The Defendant is ordered to pay the Plaintiff costs which I set at $150.00.

JOHN D. LYONS
JUDGE

HBC0280.97L