Leong v Leong [2019] SBHC 102; HCSI-CC 25 of 2019 (11 November 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Leong v Leong
Citation:
Date of decision:	11 November 2019
Parties:	Josian Ataburu Leong v Thomas Leong
Date of hearing:	25 May 2019
Court file number(s):	25 of 2019
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Kouhota PJ
On appeal from:
Order:	The objection is dismissed on this basis. The Letters of Administration are granted to Josian Ataburu Leong in respect of the Estate of the Late John Leong
Representation:	Mr. A Radclyffe for the Application Mr. D Marahare for the Objector
Catchwords:
Words and phrases:
Legislation cited:	The Grant of Probate and Administration (Order of Priority) Regulation 1996, s3 (1)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 25 of 2019

In the matter of the Estate of John Leong,
Deceased

BETWEEN

JOSIAN ATABURU LEONG
Applicant

AND:

THOMAS LEONG
Objector

Date of Hearing: 25 May 2019
Date of Ruling: 11 November 2019

Mr. A. Radclyffe for the Applicant
Mr. D Marahare for the Objector

Ruling on Application for Letter of Administration of deceased Estate

Kouhota J
The Application

This is an application for grant of Letters of Administration in respect of the Estate of late John Leong of Honiara who died intestate on 18^th February 2018. The applicant, Mrs. Josian Ataburu Leong is the surviving spouse of the deceased. There are 6 children of the marriage all of whom I believe are all adults.

The only property left by the deceased and the subject of this application is a building on parcel No. 191-025-9 situated at Old China Town, Honiara. Evidence was tendered in court to show that 5 of the children support that the Letters of Administration be granted to their mother, only the applicant one of the siblings Thomas Leong objected to the Letters of Administration being granted to their mother. The reasons for his objection were contained in his sworn statement filed on 7^th March 2019.

I had considered his objection but they are without legal basis nor do I consider any special circumstances where the court should grant Letters of Administration to the objector. When a person dies intestate the order of granting Letters of Administration are set out in the “The Grant of Probate and Administration (Order of Priority) Regulation 1996, section 3 (1)

In the present case, the objector has been unable to show that the Applicant is incapable of administering the estate fairly so that circumstances dictate that I use my discretion under section 29 of the Wills and Probate Act to grant the Letters of Administration to the objector or some other person. The objection is dismissed on this basis. The Letters of Administration are granted to Josian Ataburu Leong in respect of the Estate of the late John Leong.

The Court
Justice Emmanuel Kouhota
Puisne Judge