In the Estate of Ping Ho [2021] FJHC 423; HPP31.2020 (1 February 2021)

IN THE HIGH COURT OF FIJI
AT SUVA
PROBATE JURISDICTION
PROBATE ACTION NO.: HPP 31 OF 2020

IN THE ESTATE of PING HO late of Namaka, Nadi, Fiji, Retired, Deceased, Intestate.

APPEARANCES/REPRESENTATION
APPLICANT : Ms Qioniwasa on instructions [Maqbool & Company]

RESPONDENT : EXPARTE APPLICATION

RULING BY : Acting Master Ms Vandhana Lal

DELIVERED ON : 01 February 2021

RULING

1. The Applicant seeks orders that he be appointed as administrator for the Estate of Ping Ho aka Ping Ho Fong and be at liberty to make application for letters of administration.
   
2. The said application is made pursuant to Order 8 Rule 2 of the High Court Rules.
   
3. According to the Applicant, the deceased died Testate.
   

During the lifetime of the deceased, he is said to have entered into an agreement with the Applicant where it is alleged that the Applicant has stated to transfer Certificate of Title No. 9649 on DP No. 2196 Lot 20 to the Applicant.

4. As per the deceased’s death certificate, he passed away on 28^th July 1998 and had two issues namely Koon Fong a male deceased and Fong Poon living.
   
5. Order 8 rule 2(1) of the High Court reads:

Except where an application by motion may properly be made ex parte, no motion shall be made without previous notice to the parties affected thereby, but the Court, if satisfied that the delay caused by proceedings in the ordinary way would or might entail irreparable or serious mischief may make an order ex parte on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside.

6. The relevant provision under which the current application ought to be made is Section 7 of the Succession, Probate and Administration Act which reads:

“the court may grant administration of the estate of a person dying intestate to the following persons (separately or conjointly) being not less than 18 years of age) -

(a) The wife or husband or de facto partner of the deceased or
(b) If there is no wife or husband or de facto partner, to one or make of the next of kin in order of priority of entitlement under this Act in the distribution of the estate of the deceased, or
(c) Any other person, whether a creditor or not, if there is no person entitled to a grant under paragraph (a) and (b) resident within the jurisdiction and fit to be so entrusted, or if the person entitled as a fore said fails, when duly cited, to appear and apply for administration.”

7. The Applicant in his affidavit has not deposed whether Fong Koon was married or in de facto relationship and whether he had any issues.
   
8. Pursuant to section 7 and section 6 of the Succession, Probate and Administration Act the Legal Spouse or de-facto partner and/or issue of Fong Koon will be entitled to take out a grant for Ping Ho.
   
9. As per the Death Certificate of Ping Ho, he passed away on 28^th July 1998 and had two issues namely Koung Fong male deceased at the time of Ping’s death and Fong Poon male living at time of Ping’s death.
   
10. Furthermore the Application could not confirm if Ping Ho’s son Fong Poon was married or not and if he has any issues or not.
    
11. With no disclosure made regarding these information I do not find it is proper to make any order on the application.
    
12. Hence for this reason, the application shall fail and is dismissed.
    

...............................
Vandhana Lal [Ms]
Acting Master
At Suva.

01 February 2021.

TO:

1. Suva High Court Probate File HBC 31 of 2020;
2. Maqbool & Company Solicitors for the Applicant.