Hickie v Kere [1995] SBHC 4; HC-CC 077 of 1995 (19 May 1995)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 77 of 1995

align="center">ter">NORMAN HICKIE & ANOTHER

-v-

FRANCIS NORMA KERE & OTHERS

Be Muria, ria, CJ

Hearing: 19 May 1995 - Ruling: 19 May 1995

Counsel: A.N. Tongarutu spokesman for Applicants; A. Radclyffe for the 1st Respondent

MURIA CJ:

/p>

The applicants seek an injunction in this case to restrain the respondent from disposing of the proceeds of the sale of the property in parcel No. 096-001-1 until their rights to be beneficiaries in the estate is determined.

As I pointed out, I think it would not be proper that an injunction is granted on that basis now that the property has already passed onto United Church.

There is however a serious issue to be tried here and that is whether the applicants are entitled to the proceeds of the sale of the estate property.

The applicants say they were entitled to the proceeds despite the fact that their names were excluded when the estate property was registered in the Respondent's name alone. They say they can prove they were entitled and that they should have been determined as among the beneficiaries in the first place.

In paragraph 4 of the Originating Summons they claim entitlement to the proceeds of the sale.

The only way for the applicants to pursue their claim to the proceed of the sale is to preserve it and I think I can do that by granting an injunction.

The applicants clearly say that they do not deny their mother her interest in the property and all they want is their share. That is a sensible point to take.

But the whole of the proceeds is in the hands of their mother.

I think the best thing is to place an injunction on such portion of that money to enable the applicants to be paid their share should they succeed in the main action.

I therefore grant injunction to restrain respondent from disposing amount of $200,000 out of the proceeds of the sale of the said property.

I further order that the said sum be paid into an IBD to be held by the Court pending the determination of the applicant's rights to the proceeds of the sale of the said property, in 7 days.

Costs in the cause.

GJB Muria
CHIEF JUSTICE