Swamy v Arumugam [2010] FJHC 319; HBC093.2009 (6 April 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
IN THE WESTERN DIVISION

Civil Action No HBC 93 of 2009

BETWEEN:

MUTHU SWAMY
father's name Aiya Kannu of Navu,
Nadi, Retired Farmers.
Plaintiff

AND:

ARUMUGAM
father's name Aiya Kannu formerly of Navo, Nadi but now of 2/102 Coronation Road,
Papatoetoe, Auckland, New Zealand a Retired person as the Executor and Trustee of the
ESTATE OF NAGAMMA.
Defendant

THE ORDER OF THE COURT

Mr Hari Ram submits that this action is not a Probate action. However, I disagree, and in prayer 1 and in the plaintiff's submission dated 22 March 2010, the plaintiff seeks an order for the removal of the executor (prayer 1.1) and also seeks the appointment of another executor(prayer 1.2).

Practice Direction No 2 of 1994, sets out that "all probate business contentious and non-contentious is dealt with in the Registry at Suva. Order 76, rule 1(2) of the High Court Rule identified an action for revocation of probate as a probate action. Order 42, No 1(2) of the High Court Rules states that such actions shall be filed in the principal probate registry in Suva. The Suva High Court issues the probate in this action. As such, it is to that court that the executor is duty bound to account.

As such, in the interest of the parties and for the aforesaid reasons, I transfer this matter to be heard and continued before the High Court of Suva, sitting in probate jurisdiction.

Therefore, I direct the Registrar to transfer this matter to the Suva High Court (probate jurisdiction).

Mr Hari Ram and Ms A. Swamy take notice for the parties.

Sgd
I Fernando
JUDGE

At Lautoka
6 April 2010