In the Matter of the Estate of Late Bobby Keni [2012] SBHC 83; HCSI-CC 348 of 2011 (13 August 2012)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 348 of 2011

IN THE MATTER
of the Estate of Late Bobby Keni a.k.a Bobby Kenianisia

IN THE MATTER
of the Wills, Probate and Administration Act (Cap. 34)

IN THE MATTER
of the Application of Bobby Fika for the grant of Administration
of the Estate of Late Bobby Keni a.k.a Bobby Kenianisia
Applicant

Mr. Pehu for Applicant

Date of Judgment: 13 August 2012

JUDGMENT

Mwanesalua J:

(1) Late Bobby Keni a.k.a Bobby Kenianisia (the Deceased) died at the National Referral Hospital in Honiara on 5 February 2011. He was married to Charity Aburi on 12 April 1980. There are two children to this marriage. They are Bobby Fika and Chris Keni. Charity Aburi and the Deceased then separated after years of cohabitation.

(2) Caroline Opuna alleged that she and the Deceased entered into a customary marriage after the Deceased and Charity Aburi separated. There are four children to that marriage. Their names are Jonathan Bobby, Moses Bobby, Jessica Afuna and Muriel Ruru.

(3) The Deceased had Register land, two bank accounts, an NPF number, six vehicles and 60% shareholding within Tatalani Builders Limited at the time of his death. His marriage to Charity Aburi subsisted at the time of his death. That is to say, that the Deceased did not dissolve his marriage to Charity Aburi before he passed away.

(4) The Deceased died intestate on 4 February 2011. On 31 August 2011, his eldest son, Bobby Fika filed application to be appointed as Administrator of the estate of the Deceased. This was done after Charity Aburi and Chris Keni gave their consent in writing for Bobby Fika to lodge the application. Caroline Opuna objected Bobby Fika's application, contending that she is the wife of the Deceased and Bobby Fika is merely a nephew of the Deceased and not his son.

(5) The Grants of Probate and Administration (Order of Priority) Regulations, regulation 3 (1) sets out the relevant entitlement to apply for grant of letters of administration:

Where the Deceased died wholly intestate, the persons having beneficial interest in the estate shall be entitled to a grant of administration in the following priority:-

• The surviving spouse;
  
• The children of the deceased or the issues of such child who died during the life time of the deceased;
  
• The father or mother of the deceased;
  
• The brothers and sisters of the whole blood or the issue of any such brother or sister who died during the life time of the deceased.
  

(6) Charity Aburi was married to the Deceased on 12 April 1980 at Ogou Church at East Kwaio, Malaita Province. The Register of the marriage shows that the Minister of religion who officiated in the marriage ceremony is one named Abe'ata Anifelo. A copy of the Register of the marriage is annexed to the sworn statement of Bobby Fika filed on 31 August 2011. That is prima facie evidence of that marriage.

(7) Caroline Opuna said that the Deceased was married to her in custom, but she did not describe what were done in custom in order to make their union a custom marriage. In the absence of such evidence, the court is unable to reach a conclusion that Caroline Opuna was married to the Deceased according to custom.

(8) Caroline Opuna objects to Bobby Fika being granted letters of administration in relation to the estate of the Deceased. She claims that Bobby Fika is not the son of the deceased, but that he is merely the nephew of the Deceased. She did not provide further evidence to substantiate this claim. Both Charity Aburi and Bobby Fika deposed in their sworn statements, that Bobby Fika is the first issue of the marriage between Charity Aburi and the Deceased. I accept that this is so as Caroline Opuna did not substantiate her claim that that Bobby Fika was merely the nephew of the Deceased.

(9) The issues of the marriage between Caroline Opuna and the deceased are all living with Bobby Fika. I find that the marriage between Charity Aburi and the Deceased was solemnized according to law and is valid, and, that Bobby Fika is the first issue of that marriage. Since her mother had consented for him to apply for letters of administration, Bobby Fika is accordingly granted letters of administration for the estate of the Deceased, Bobby Keni a.k.a Bobby Kenianisia. Order accordingly.

THE COURT