In re Estate of Ben Lenda [2012] SBHC 29; HCSI-CC 132 of 2011 (9 February 2012)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 132 of 2011

In the Matter Wills and Probate and Administration Act Cap 33

AND

In the Matter of the Estate of Ben Lenda (Deceased)

Date of Hearing : 26 November 2011
Date of Order : 9 February 2012

Ms. M. Bird for the Applicant
Mr. K H Levi for the Objector

RULING

1. This is an application for grant of Letters of Administration in respect of the Estate of Late Ben Lenda (Deceased), by Mr. Ezekiel Leua. Mr. Leua filed Sworn Statements in support of the application. The Estate of the Deceased is composed of a registered interest in Parcel Number 193-004-1. This Land is situated at Berande on Guadalcanal. The Deceased passed away, intestate, in 1993. The land seemed to be leased to grow oil palm.
   
2. Parcel Number 193-004-1 is a Perpetual Estate (the Estate). According to the Register of this Estate, there are four other persons apart from the Deceased who hold title to it. Their names are David Neka, James Marisei, William Tagao and Saelaesi Tagithia. Four of the title holders have passed away with only William Tagao still living. As far as the deceased was concerned, he held title on trust for the Lathi Tribe.
   
3. The objector to this application is Mr. Adrian Norua. The main grounds of his objection are that Mr. Leua is not selected, authorised and appointed by members of the Lathi Tribe to apply for letters of Administration; Mr. Leua did not consult and obtain the consent of Mr. Norua himself as the Paramount Chief of the Lathi tribe; that he regarded Mr. Leua's action to apply for letters of Administration as being fraudulent. Mr.Norua then lodged a caveat to stop any dealing with the perpetual Estate.
   
4. The caveat was soon removed from the Register of the Perpetual Estate in 1980. Mr. Norua did not adduce any evidence of any fraudulent act against Mr. Leua who denied that Mr. Norua is a Paramount Chief of the Lathi Tribe. Alfred Manengelea [1] a witness for Mr. Leua said that Mr. Norua has never been appointed as Paramount Chief of the Lathi Tribe according to custom. In particular, there had not been any custom ceremony performed by the Lathi Tribe to empower and enthrone Mr. Norua as Paramount Chief of the Lathi Tribe. For instance, such as custom ceremonies, feasting and giving of shell money. Mr. Manengelea gave evidence of an occasion when Mr. Norua promised to distribute $200,000.00 to members of the Lathi tribe, but failed to do so. That money belonged to the Lathi Tribe. It would appear that this was rent due in respect of Parcel Number 193-004-1.
   
5. Mr. Leua has blood ties to Late Ben Lenda. In fact, he is a nephew of the Deceased. Mr. Leau has had held meetings with tribal members of the Lathi Tribe living in Tasimboko. These meetings also extend to members of the Tribe who live in Nggela, Central Islands Province and Ruavatu, East of Tasimboko, to strengthen ties and cooperation, for the betterment of the tribe. He has gained recognition as a leader within the tribe for his good deeds.
   
6. It is evident from the genealogy provided by Mr. Leua that both Messrs Leua and Norua come from the same clan or family of the Lathi Tribe. The difference is that Mr. Leua is the real the nephew of the Deceased.
   
7. It is noted from the Registrar of the five title holders referred to above that the Estate was registered under Part V of the Land and Titles Act (Cap 133) "(the Act"). That must mean that the tribe leased its customary land to the Commission of Lands under an agreement.
   
8. I have read and heard submissions on behalf of Mr. Norua and Mr. Leau. I have considered that letters of administration in this application be granted to Mr. Leua.
   

Order 1. Letters of administration is granted to Mr. Ezekiel Leua.
2. Mr. Norua to pay Mr. Leau's costs

THE COURT

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^[1] Sworn Statement by Mr. Manegelea filed on 28 November 2011.