In re Estate of Titus Tito [2013] SBHC 36; HCSI-CC 333 of 2012 (5 April 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS.
(Faukona J).

Civil Case No. 333 of 2012.

In the matter of the Estates of the late Titus Tito late of New Mala Village Aruligo District, West Guadalcanal, Guadalcanal Province, Solomon Islands.

In the matter of the Wills, Probate and Administration Act (Cap. 34).

In the matter of the Applicant by Andrew Walesaola Tito for a grant of administration of the Estate of the Titus Tito.

Date of Hearing: 5th April, 2013.
Date of Ruling: 5th April, 2013.

Mr. Kwana for the Applicant.

RULING.

Faukona J: The Counsel appears before this Court in support of an application for letters of administration by Andrew Walesaola Tito for a grant of administration of the estate of Titus Tito filed on 10th September, 2012. In support of the application was a sworn statement deposed by the Applicant and filed on 27th January, 2012.

2. At the time of death ( Exh. AW1 copy of death certificate) the deceased was living at New Mala Village, Aruligo, West Guadalcanal. He died intestate on 23rd of November, 1982, and was buried on 24th November, 1982 at New Mala village.

3. At the time of death the deceased had left behind 10 surviving children and the legal wife and a registered land parcel number 190-001-18 located at Aruligo. Due to the ethnic tension 6 permanent house (3 bathrooms) and 3 sago palm leaf houses were burnt down, including 2 bedroom houses and a Church building.

4. The sworn statement also deposed that the legal wife and three elder sons also passed away following the deceased's death. As to date only 7 children survive, 2 bothers and 5 sisters.

5. I noted there is no further evidence to prove the death of the legal wife and the three elder sons. This is important to ascertain which persons are entitled to apply for the letters of grant of administration. Not only that, but to determine the order of priority as to whose right take precedent over the other.

6. There is no dispute that the Wills, Probate and Administration Act (Cap 33) do not apply to the estate of the deceased. This is because the deceased died before the commencement of this Act. Section 2(2) of the Act expressly stated that nothing contain in this Act shall apply to in relation to the estate of any person who died before the date of commencement of this Act.

7. By authority of the case re the Estate of Victor Eoae[1] the Court applied B.S.I.P and Gilbert and Ellice Islands [Probate and Administration] order, 1914, No. 15, the Common Law and customs applicable to the deceased.

8. As to who on the order of sequence to apply for letters of an administration, the Court said in the above case;

"(at) Common Law sequence of consideration of people who are entitled to grant of administration in intestate is recognised.

The case continued to identify father, mother, brothers, sisters of the whole blood who survived the deceased, including grandparents.

9. The question is whether the Applicant is entitled to Letters of Administration to administer the estate of the deceased. I noted Exhibit AW3 which is a notice published in Solomon Star on 21st December, 2011, for 30 days with intention to apply for Letters of Administration. After 30 days had lapsed there was no objection filed. Apparently should the legal wife and the three elder sons of the deceased survived for the period the notice was published, there could have been objections filed. No objection implicated what has been deposed in the sworn statement of the Applicant must be true, that they had died.

10. I have all the reasons to belief the applicant, that if he is the fourth sibling in the family then he is the next of kin to file this application for letters of administration. From sworn statement he is one of the issue of the deceased who own the estate and has direct beneficiary.

11. In conclusion, I am satisfied on the evidence before me that an application for letters of Administration by the Applicant Andrew Walesaola be granted, to administer his late decease father's estate in PN 191-001-18.

Orders:

1. Applicant Andrew Walesaola is entitled to be granted letters of Administration to administer his late father's deceased estate in PN 191-001-18.

The Court.

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^[1] [1997] SBHC; HC – CC 130 of 1996 and 29 of 1997 [8/8/97].