Akao v Akao [2000] SBHC 29; HC-CC 098 of 2000 (31 July 2000)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 098 of 2000

ANNE CHARLES FOX AKAO

-V-

GEORGE SASALI AKAO & ROSE SASALI AKAO

High Court of Solomon Islands
(Lungole-Awich, J)

Date of Hearing: 31 July 2000
Date of Judgment: 31 July 2000

Ex tempore

Mr F Waleanisia for the plaintiff
Mrs M Samuel for the Respondents

JUDGMENT

(LUNGOLE-AWICH J): The defendants have applied for adjournment of the hearing of the application of the plaintiff for an order granting leave to enter judgment on account of default. The state of the whole case is such that even without application for adjournment, the Court would adjourn the case. The plaintiff, said to be the wife of the deceased, needs to formalise her status as Administrator of the Estate of the deceased; she has to be formally granted Letters of Administration even if she considers that there will be no difficulty in her application for the Letters of Administration. Once she has got the Letters, she acquires locus standi to bring action on behalf of the estate of the deceased. For now she does not have locus standi. The whole case is stayed to allow the plaintiff time to apply for Letters of Administration. That application is to be done under a different case number and file. Before the application is presented for hearing, notice must be given to all relatives and anyone interested, that the plaintiff intends to apply for Letters of Administration in the estate of Charles Fox Akao, on the date assigned by the Registrar, and that anyone intending to oppose the application is required to file his grounds for opposing and is to attend the hearing. This order does not exempt the plaintiff from paying any fees or otherwise complying with the Rules of Court in the proceeding for Letters of Administration.

The fact that Learned Counsel Mr F. Walenesia is now employed by the Attorney General, but has appeared to represent the plaintiff, an individual, is not a matter for the Court, rather it is a matter for the Attorney General whether Mr Walenesia has obtained permission from the Attorney General. The Court has not been advised of any professional disability that would impinge on the admission of Mr Walenesia as barrister and solicitor of this Court, and therefore would disqualify him, nor has the Court been advised of any misconduct such as would warrant disciplinary proceeding.

There is difficulty in the defendants being able to have time to consult with and give instruction to their present solicitor, Mr L Kwaiga. If the defendants cannot get their case ready when the plaintiff will be ready, the defendants will have to decide to instruct another solicitor, even if that will be their second best choice after Mr Kwaiga. The defendants should now bear that in mind. The adjournment granted gives them time to prepare whether with Mr Kwaiga or some other solicitors

Costs of today will be in the cause.

Delivered this Monday the 31st day of July 2000
At the High Court
Honiara

Sam Lungole-Awich
Judge