Naidu v Naicker [2010] FJHC 320; HBC098.2003 (15 April 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No HBC 98 of 2003

BETWEEN:

SAROJANI NAIDU
as the sole administratrix of the Estate of Muniappa Gounder (father's name
Munsami Gounder) the beneficiary of the Estate of Munsami Gounder.
Plaintiff

AND:

GOVINDAMMA NAICKER
(father's name Venktajalam Naicker) Domestic Duties, the
Executrix and Trustee of the Estate of Munsami Gounder.
Defendant

COURT ORDERS:

This matter is an Originating Summons matter seeking the removal of a co-executrix. Under Order 76 Rule1(2),(High Court Rules 1988) this matter as such is a probate action. Practice direction 2 of 1994 states that "All probate business contentious and non contentious is dealt with in the Registry at Suva". Order 4 rule 1(2) of the High Court Rules, appears to bear on this matter. As such, this matter as it has already being taken out of the hearing list should be transferred to Suva Probate Registry and Suva High Court.

As such, the Acting Deputy Registrar is hereby directed to take steps to transfer this case to the Suva Probate Registry and Suva High Court for parties to continue with this matter.

Sgd
Y I Fernando
JUDGE

At Lautoka
15 April 2010