Ali v Bi [2010] FJHC 413; HBC161.2007 (9 June 2010)

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

Civil Action No HBC 161 of 2007

BETWEEN:

WAJID ALI f/n Fateh Mohammed
Plaintiff

AND:

KHATIJA BI aka KADIAMMABI f/n Ahmed
Defendant

ORDER OF THE COURT:

Under Order 76, rule 5(1) Coventry J had made order on 19th February 2007 for the Defendant to lodge the grant of probate NO.40802. There is no record available whether the probate has been officially lodged in the Suva Probate Registry. Though the Defendant submits it has been done. ADR instructed to call Suva Probate Registry immediately and inform whether Probate No.40802 by order on 16 February 2001 had been lodged or not and if the Probate file is still in Suva.
Adjourned for 30 minutes (1/2 hr).

12.05pm

Resumed. ADR through Clerk confirm that the probate file 40802 (probate) is available in Suva and can be sent (copy) to Lautoka in a few days time; by which whether the probate No.40802 had been lodged or not, can be verified.
Parties further move that, if a handwriting expert can confirm in his opinion that the 2nd Will was under the hand of the Testator then the

Defendant is willing to permit the second Will (in favor of the Plaintiff) to
prevail as the subsequent Will, and for probate to be applied and issued on same on revocation of the previous Will issued to the Defendant.
The Defendant herself is present in Court and the Clerk explains the above terms to the Defendant and the Defendant signs the record in confirmation.

Mention in 10 weeks time for review of copy of probate file from Suva.

Mention on 25th August 2010 at 10am. (Review if no settlement, to transfer to High Court Suva under practice Direction 2 of 1994.)

Sgd
Y I Fernando
JUDGE

At Lautoka
09 June 2010