Ruve v Victoriano [2005] FJHC 614; HBC0207.2004 (8 July 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0207 OF 2004

BETWEEN:

TAINA RUVE
PLAINTIFF

AND:

MARIA VICTORIANO
DEFENDANT

Mr Nacolawa for the Plaintiff
No appearance for the Defendant

Date of Hearing: 3 June 2005
Date of Submissions: 1 July 2005
Date of Judgment 8 July 2005

JUDGMENT OF FINNIGAN J

This is a claim by Originating Summons for 7 Orders arising out of the Plaintiff’s claim that she is the natural child of a man now deceased, known as Taniela Evo.

The Plaintiff’s claim is that towards the end of his life the Defendant became the de facto wife of Taniela Evo, and that upon his death obtained from the Fiji National Provident Fund the money due to Taniela Evo which was $22,000.00. The Plaintiff claims that in her application for those monies the Defendant knowingly failed to disclose the existence of the Plaintiff as the only child of the deceased and the existence of another person who was sister of the deceased. She claims that the Defendant obtained by deception an order in this Court for payment out of the money to her.

She claims that she is entitled to $10,666.67, made up as follows;

Total amount in FNPF - $22,000.00

Less Defendant’s share under

Section 6[1] (a) of Cap. 60 - 6,000.00

Balance - $16,000.00

Further entitlement of the Defendant

Under Section 6[1] (c) or 1/3 of

$16,000.00 - $ 5,333.33

Two-thirds of the Plaintiff’s share

Under Section 6[1](c) of Cap. 60 - $ 10,666.67

$16,000.00

The matter has been languishing in the Court for over a year. The summons was filed on 15 July 2004. One advantage of the delay has been that the Plaintiff has proved service upon the Defendant not only of the Originating Summons itself but also of a summons filed on 2 November 2004 for an urgent hearing and of another summons filed on 19 April 2005 again seeking a hearing date. I am satisfied that the Defendant is well aware of these proceedings. She has taken no steps and has not appeared. On the return date for the last summons, 3 June 2005, Counsel appeared for the Plaintiff and I fixed 1 July as the final date for written submissions from him. No submissions have been filed.

Decision

Having taken time to peruse the whole file I can see submissions are not necessary. Prima facie the Plaintiff is entitled to the orders that she seeks. I make the orders as set out in the Originating Summons as follows;

1. A declaration that the abovenamed Plaintiff TAINA RUVE LEVATIA is the child of TANIELA JONE TABUALEVU also known as JONE TANIELA TABUALEVU also known as TANIELA EVO
   
2. A declaration that the abovenamed Plaintiff TAINA RUVE LEVATIA is entitled to share in the credit balance of Fiji National Provident Fund contributions of TANIELA JONE TABUALEVU also known as TANIELA EVO
   
3. A declaration that the abovenamed Plaintiff TAINA RUVE LEVATIA is entitled to shares in the estate of TANIELA JONE TABUALEVU also known as JONE TANIELA TABUALEVU also known as TANIELA EVO late of Natokowaqa, Lautoka.
   
4. An Order that the abovenamed Defendant MARIA VICTORIANO also known as MERE VICTORIANO do deposit into this Honourable Court the sum of $10,666.67 [Ten Thousand Six Hundred Sixty Six Dollars and Sixty Seven Cents] received from Fiji National Provident Fund contributions of the late TANIELA JONE TABUALEVU also known as JONE TANIELA TABUALEVU also known as TANIELA EVO uplifted by the abovenamed Defendant being the Plaintiff’s share of the Fiji National Provident Fund contributions.
   
5. An Order that Judgment be entered for the abovenamed Plaintiff TAINA RUVE LEVATIA in the sum of $10,666.67 [Ten Thousand Six Hundred Sixty Six Dollars and Sixty Seven Cents] against MARIA VICTORIANO also known as MERE VICTORIANO, the abovenamed Defendant.
   
6. An Order that the abovenamed Defendant MARIA VICTORIANO also known as MERE VICTORIANO do pay TAINA RUVE LEVATIA, the abovenamed Plaintiff interest at 13.5% per centum per annum on the said sum of $10,666.67 [Ten Thousand Six Hundred Sixty Six Dollars and Sixty Seven Cents] from the 1^st day of August 2003 to the date of full payment.
   
7. An Order that the sum of $10,666.67 [Ten Thousand Six Hundred Sixty Six Dollars and Sixty Seven Cents] to be deposited into this Honourable Court by MARIA VICTORIANO also known as MERE VICTORIANO the abovenamed Defendant be paid to TAINA RUVE LEVATIA, the abovenamed Plaintiff being the Plaintiff’s share of Fiji National Provident Fund contributions of the late TANIELA JONE TABUALEVU also known as JONE TANIELA TABUALEVU also known as TANIELA EVO.
   
8. An Order that the above-named Defendant MARIA VICTORIANO also known as MERE VICTORIANO do pay the Plaintiff TAINA RUVE LEVATIA the costs of this action, which I summarily assess at $500.00.
   

D.D. Finnigan
JUDGE

At Lautoka
8 July 2005