In re Estate of Wainise Moli [2010] FJHC 316; HBC49673.2010 (13 August 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC 49673 OF 2010

IN THE ESTATE of WAINISE MOLI also known as
WAINISE MOLI MOREL late of 252 Balolo Street, Narere, Nasinu and
also of Ketei Village, Lau, in the Republic of Fiji, Domestic Duties, Deceased, Intestate.

Counsels:

Applicant: Mr. Ronald Singh, Patel & Sharma Lawyers

Date of Hearing: 15th July 2010
Date of Ruling: 13th August 2010.

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1. Before me is a Notice of Motion dated 17th of May 2010 filed by Patel Sharma Lawyers seeking an Order that the Letters of Administration De-Bonis-Non No. 49673 granted by the Court on 14th April 2010 be rectified by substituting the name, JAMES WILLIAM MOREL in place of WAINISE MOLI also known as WAINISE MOLI MOREL.

2. The Affidavit of Premila Devi f/n Kandhaiya Lal is filed herein support of the application.

3. Devi is a law clerk employed by Patel Sharma Lawyers. She says the Applicant consents to her swearing the affidavit. She then sets out the background to this application as follows:

(i) an application for Letters of Administration De-Bonis-Non was lodged on 22nd February, 2010 after due compliance with the Rules.

(ii) Letters of Administration De-Bonis-Non was granted by the High Court on 14th April 2010. A true copy of the grant of the Letters of Administration De-Bonis-Non is annexed to her affidavit and marked as "A".

(iii) however, there was an error on the Letters of Administration-De-Bonis-Non granted. The grant should have been made in the name of JAMES WILLIAM MOREL. Instead, the grant was made in the name of WAINISE MOLI also known as WAINISE MOLI MOREL who is the deceased mother of JAMES WILLIAM MOREL.

(iv) The error was brought to the attention of the Office of the Chief Registrar, High Court of Fiji vide a letter dated 3rd May 2010 by Patel Sharma Lawyers. A true copy of the said letter is annexed to her affidavit and marked at "B".

(v) Patel & Sharma was then advised on 14th May 2010 from a Ms Naomi of the High Court in Suva advising that a formal application needs to be made to rectify the error.

4. I have considered the application and also the material in the affidavit in support. The mistake on the Probate grant appears to have arisen as a result of a minor inadvertence on the part of the probate registry staff in recording or copying information. Accordingly, I grant order in terms of the application.

Anare Tuilevuka
Master

At Suva
Dated 13th of August 2010.