In the Matter of Late Daniel Rofeta (Deceased) [2012] SBHC 73; HCSI-CC 248 of 2011 (29 June 2012)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 248 of 2011

In the Matter of Wills, Probate and Administration Act Cap 33

And:

In the Matter of the Estate of Late Daniel Rofeta (Deceased)

And:

In the Matter of Application for Letters of Administration by Martha Arasu Rofeta Rofeta

Date of Hearing: 14, 20, 23 and 28 February 2012
Date of Ruling: 29 June 2012

D Hou for Marth Arasu Rofeta
G Suri for Christal Frances Rofeta

RULING

[1] This is an application by Martha Arasu Rofeta ("Martha") for a grant of Letters of Administration in respect of the Estate of Late Daniel Rofeta ("Deceased"). The application is objected to by the objector, Christal Frances Rofeta ("Christal").

[2] There is no dispute between Martha and Christal on these facts: The Deceased and Martha entered into a custom marriage in or about 1975. They then separated since 1999. The Deceased and Christal then lived together since 1999 and entered into a custom marriage on 27 September 2007. The Deceased died intestate on 9 April 20-11. The estate of the Deceased is solely comprised of a residential property on Parcel Number 191-024-121 in Honiara. And that this residential property is currently occupied by the Deceased's relatives, Daniel Rofeta Junior and Christal.

[3] The custom marriage between Martha and the Deceased was then followed by a church marriage ceremony by Fr. Michael Mac Verry at the Takwa Catholic Church on 20 June 1980. Mary Victoria gave evidence that she was present during that ceremony as a witness. The Deceased said in his social welfare Report dated 10 August 1999[1], in a social welfare case that he and Martha were blessed by Fr. Mac Verry at the Catholic Church at Takwa Station and signed marriage Forms but were not issued with Marriage Certificates. A copy of the Marriage Certificate was obtained from the Magistrate's Court in Auki[2]. The entry was made on 14 July 1981. Fr. Fred Vincent Osifelo is the current Parish Priest for Takwa Catholic Church. He was in custody of records of all marriages conducted in Takwa Church including the one celebrated between the Deceased and Martha. The original Declaration Precedent to Marriage and the Marriage Certificate Form are still in his custody. The other witness to the marriage was Lawrence Aldo. I find that the marriage between the Deceased and Martha was solemnised lawfully under the Islander's Marriage Act [Cap.171]. The marriage subsisted on 9 April 2011 when the Deceased passed away.

[4] There is also clear evidence that the Deceased and Christal had entered into a valid customary marriage. There was payment of bride price with shell money by the Deceased. When they were married, Christal used her money to renovate the Deceased's residential property. She is entitled to be reimbursed of the relevant sum in the event that the Deceased's residential property is either sold or rented out.

[5] The custom marriage contracted between the Deceased and Christal is recognised by law pursuant to Section 4 of the Islanders' Marriage Act (Cap. 171).

[6] The Deceased had adopted Tanya Rofeta and Daniel Rofeta (Jnr). They are interested parties in this case and need to be considered if the Estate is sold or rented out.

[7] The power of the Court to grant Letters of Administration where a deceased died intestate is provided under Section 29 of the Wills and Probate Act. This Section states:

"29 (1) where the deceased died wholly intestate, the persons having a beneficial interest in the estate shall be entitled to a grant of administration in the order of priority that may be prescribed for the purpose of the rules;

(2) Notwithstanding the order of priority prescribed by the rules made under Sub-section (1), where it appears to the court, that by reasons of any special circumstances or current customary usage, any estate ought to be administered by some person other than those specified in the order of priority, the Court may grant administration to such person."

[8] The Court holds the view that interests of all the relevant beneficiaries of the Deceased's estate need to be fairly considered. My view is that Mr Walter Wao could discharge that task in this case. The Court will therefore grant Letters of Administration to the elder brother of the Deceased, Mr Walter Wao. Order accordingly.

THE COURT

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^[1] See Exhibit “CFR” annexed to Sworn Statement of Christal filed on 3 August 2011.
^[2] Exhibit “MAR4” annexed to Sworn Statement of Martha file don 16/09/11.