Luluku Estate, Re [2020] SBHC 124; HCSI-CC 241 of 2019 (17 August 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Luluku Estate, Re
Citation:
Date of decision:	17 August 2020
Parties:	Karl Ogu Kuper, Frank Ninamu, Philip Lukuku and Augry Gina AND jack Lagobe and Milner, Matalita Zarua Abana and Stephen Leti
Date of hearing:	30 July 2020
Court file number(s):	241 of 2019
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Kouhota; PJ
On appeal from:
Order:	I am satisfied the court should grant letters of administration to Karl Kuper, Augry Gina, Philip Luluku and Ninamu as joint Administrators of the estate of late Nathaniel Luluku PE PN. 079-005-1 also known as Turovilu or Renard Island Vella La Vella. The Court orders accordingly.
Representation:	For Applicants: Ghemu W For Objectors: Nimepo D For Objectors: Olofia E
Catchwords:
Words and phrases:
Legislation cited:	Wills, Probate and Administration Act [cap 33], Solomon Islands Courts (Civil Procedure) Rules 2007 Rule 9.57, Land and Titles Act Part III, Section 98, section 102
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 241 of 2019

BETWEEN

IN THE ESTATE OF NATHANIEL LULUKU, LATE OF TABERIAS VILLAGE, VELLA LA VELLA, WESTERN PROVINCE

AND:

WILLS AND PROBATE AND ADMINISTRATION OF ACT [CAP 33]

AND:

AN APPLICATION FOR LETTERS OF ADMINISTRATION BY KARL OGU KUPER, FRANK NINAMU, PHILIP LUKUKU AND AUGRY GINA

AND:

OBJECTIONS BY CHIEF JACK LAGOBE AND MILNER TOZAKA (representing their members of Reresare tribe of Vella la Vella). MATALITA ZARUA ABANA AND STEPHEN LETI (representing the Soqatiro (Reresare) tribe of Vella la Vella)

Date of Hearing: 30 July 2020
Date of Ruling: 17 August 2020

For Applicants: Ghemu W
For Objectors: Nimepo D
For Objectors: Olofia E

RULING ON APPLICATION FOR SUMMARY JUDGMENT AND APPLICATION FOR LETTERS OF ADMINISTRATION

Kouhota PJ

This is an application for Letters of Administration pursuant to Wills, Probate and Administration Act, Cap 33. The applicants are children and grandchildren of the deceased Nathaniel Luluku, the registered owner of PE PN No.079-005-1 on Renard Island traditionally known as Turovilu Island. The rights of the applicants to apply for Letters of Administration were stated in the sworn statement of one of the applicants, Mr. Karl Kuper, filed on 2^nd July 2019 in support of the application. Mr. Kuper’s sworn statement also showed the applicants have complied with requirement of the Wills, Probate and Administration Act in applying for letters of administration.

There are three objectors to the application namely Jack Lagobe and Milner Tozaka representing the Reresare Tribe of Vella La Vella and Matalita Zarua Abana and Stephen Leti representing the Soqatiro (Reresare Tribe of Vella La Vella). Matalita Zarua Abana has since discontinued her objection. Normally where there are objections to applications for letters of administration, the application would be listed before a judge for hearing. This has been done but before the application could be heard, counsel for the applicants instead filed an application for summary judgment under Rule 9.57 of the SI Court Civil Procedure Rules 2007. Rule 9.57 states “ The claimant may apply to the court for summary judgment where the defendant has filed a response or a defence but the claimant believes that the defendant does not have any real prospect of defending the claimant’s claim”.(end of quote) My view is that this provision is in relation to regular civil claims.

While proceedings in applications for Letters of Administration are dealt with as a civil matter, it is not a regular civil proceeding. The court in dealing with applications for letters of administration is performing a statutory function under the Wills, Probate and Administration Act, Cap 33. In this respect, I think an application for summary judgment has no place in the process. In any event, counsel for the applicants and objectors have all made submission on the application. I will treat their submissions as submissions in the process of hearing the application for letters of administration.

The main issue raised by the objectors in this application is the original ownership of the Island of Turovilu also called Renard Island. The current record shows that in 1970, the island was first registered under Part III of the Land and Titles Act in the name of Joseph Douglas as PE PN 079-005-1. In 1977 it was converted under section 98 of the LTA to the Commissioner of Lands, I believe section 98 is now section 102 of the Land and Titles Act, Cap 133. Section 102 of the LTA states” Perpetual Estate converted under the provisions of this Part shall be held by the Commissioner on behalf of the government”. In 1995 the Commissioner transferred the Perpetual Estate in PN 079-005-1 to the late Nathaniel Luluku and have it registered in his name for a consideration of $6,000-00.

The main issue raised by the objectors was original ownership of the island of Turovilu also known as Renard island and now registered as PE PN 079-005-1. I think this is a complex issue not appropriate to be considered in this type of application. The island was registered in the name of Nathaniel Luluku in 1995, that was about 25 years ago. One of the objectors, Mr. Leti, did file a claim for rectification of the registration in Civil Case No.104 of 1996 but it seems no final decision has been in that case. It is however still open for him to pursue his claim.

It is pertinent to understand that an application for letters of administration is an application for the court to perform its statutory function and exercise its powers under the Wills, Probate and Administration Act to appoint a person or persons to administer the estate of a person who died intestate. Claims may be made against the estate but an administrator of the estate must first be appointed. This is because no claim can lie against a dead person except against his estate. In this respect, the person appointed by the court as administrator of the deceased estate consequent to an application for letters of administration will be answerable to any claim against the estate.

The order of priority in granting administration when a person dies wholly intestate are set out in the Grant of Probate and Administration (Order of Priority) Regulation 1996. For the purposes of this application, the relevant provisions are subsection 3(1) and 3 (2), they state as follows;

3 (1) “Where a person dies wholly intestate, the persons having a beneficial interest in the estate shall be entitled to a grant of administration in the following order of priority-
(a) The surviving spouse;
(b) The children of the deceased or issues of any such child who died during the lifetime of the deceased;
(c) The father or mother of the deceased;
(d) Brothers or sisters of the whole blood or issues of any such brother or sisters who died during the lifetime of the deceased.
3. (2) If no person in any of the above class mentioned in paragraph (1) has survived, the deceased then the following, if they have a beneficial interest in the estate, shall be entitled to grant in the following order of priority-
(a) brothers and sisters of the half-blood of the issue of any such deceased brother or sister who died during the lifetime of the deceased;
(b) grandparents;
(c) Uncles and aunties of the whole blood or issues of any such deceased uncle or aunt who died during the lifetime of the deceased.

On the materials before the court, I am satisfied that the applicants for letters of administration are children and grandchildren of the deceased, Nathaniel Luluku. His other children and grandchildren agreed for the applicants to apply for letters of administration. In accordance with Regulation 3 (1) the applicants take priority over any other person including the objectors. I am satisfied the court should grant letters of administration to Karl Kuper, Augry Gina, Philip Luluku and Ninamu as joint Administrators of the estate of late Nathaniel Luluku PE PN. 079-005-1 also known as Turovilu or Renard Island Vella La Vella. The Court orders accordingly.

The Court
Justice Emmanuel Kouhota
Puisne Judge