Ta'asi v Ta'asi [2016] SBHC 126; HCSI-CC 471 of 2015 (22 July 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
Civil Jurisdiction
(Maina J)

Civil Case No. 471 of 2015

BETWEEN: TAKAREBU TA’ASI, DORIS TEBESI SIKUA, - Applicants
URETERI TA’ASI, AND UERI TA’ASI

AND: OSIA TA’ASI - Respondent

Date of Hearing: 22^nd July 2016
Date of Ruling: 22^nd July 2016

Mr. G. Suri for Applicants
DNS Partners for Respondents

REASONS FOR THE RULING

Maina PJ:

Introduction

The applicants apply for orders to additional personal representative and for amending Letters of Administration relating to the Estate of Late Ta’asi Imo granted to the Respondent as he fail to administer the estate according to the grant of administration.

Facts

The facts are that on 21^st August 2013 the Registrar of the High Court granted the Respondent the Letter of Administration in the respect of the Estate of Late Ta’asi Imo, deceased, intestate. The register in respect of the perpetual estate no. 097-008-28-28 located at Nusa Banga Island, outside Gizo Western Province was registered by transmission in the name of Osia Ta’asi as duly appointed administrator.

This perpetual estate was acquired by the deceased under special circumstances or settlement scheme of British Government when they brought people of Gilbert and Ellice Islands to Solomon Islands some years ago.

The property comprising of the estate of the deceased is a resort owned by Louise Chan of the Guadalcanal Electrics that is yet to commence operation.

According to the sworn statement of Doris Tebesi Sikua, to date or upon the grant to the respondent he has not administered the estate according to the grant of administration. And he also fails to provide the account to the court of the activities relates to this estate.

Facts not dispute

It is not disputed that all the applicants are beneficiaries of the estate of late Ta’asi Imo and the respondent in his sworn statement of 14^th March 2016 confirm this position.

Issues

1. Whether the court has power to make amend of the Letters of Administration and add personal representative?
   
2. And if so, does this situation of this case satisfy the additional personal representative and for amending the Letters of Administration?
   

Issue 1

There are 4 applicants who seek additional personal representatives and it is also not disputed that they are beneficiaries of the estate of late Ta’asi Imo and the respondent Osia Ta’asi as duly appointed administrator.

This application is made in pursuant to sections 34 (1) (3) and 48 of the Wills, Probate and Administration Act (WP&A Act). The provisions allows for Probate or administration to be granted to more than five persons in respect of the same property. It also allows an application to add an additional personal representative and a summons to be served upon the existing personal representative. Summon by way of notice was served on the counsel for the respondent.

I am satisfied the WP & A Act is very clear on this issue and that upon an application and the court is satisfy it may order or add personal representative in the Letter of Administration.

Issue 2

Doris Tebesi Sikua, at her oral evidence told the court that this land was acquired or given to the late Ta’asi Imo under the settlement scheme when the British administrators resettled the people of Gilbert and Ellice Islands in the then British Solomon Islands Protectorate (BSIP). It was a special scheme for the people of Gilbert and Ellice Islands and the deceased and his children or people own the perpetual estate.

The circumstances of this is as noted above where the duly appointed administrator is not in a position or unable to deliver to those who are eligible as beneficiaries.

Respondent have acknowledged that activities are emerging on the land with a resort owned by Louise Chan of the Guadalcanal Electrics.

Taking into account the circumstances and the behaviour of the respondent as appointed administrator towards the estate and noting transmission of the title was done in 2013 and nothing was positively from him, this situation satisfy me grant the additional personal representative and for amending the Letters of Administration. And I do grant the orders sought by the applicants.

ORDERS

The Letter of Administration of 21^st August 2013 by the Registrar of the High Court is amended by adding all the applicants;

Perpetual estate title register no. 097-008-28-28 be transmitted and registered in the name of Applicants and the respondent as new title holders.

Cost in the cause.

THE COURT

.................................................................
Justice Leonard R Maina
Puisne Judge