Estate of Sogabule (Deceased), Re [2023] SBHC 37; HCSI-CC 139 of 2022 (28 May 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Estate of Sogabule (Deceased), Re
Citation:
Date of decision:	28 March 2023
Parties:	In the Estate of John Sogabule (Deceased), Maybant Sogabule
Date of hearing:	13 of March 2023
Court file number(s):	139 of 2022
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Kouhota; PJ
On appeal from:
Order:	I order that the grant of Letters of administration be set aside and direct that application be heard de nevo so both parties can plead their cases and assist the Court to make its decision. Cost for applicant to taxed if not agreed.
Representation:	Pitabelama R for the Objector/Applicant Radclyffe A for the Respondent
Catchwords:
Words and phrases:
Legislation cited:	Wills, Probate and Administration Act - Grants of Probate and Administration (Order of Priority) Regulations 1996 S 3(1) and 3(2), Wills, Probate and Administration Act [cap 33] S 48, Wills, Probate and Administration Act S 29
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 139 of 2022

BETWEEN

IN THE MATTER OF JOHN SOGABULE (DECEASED)

AND:

MAYBANT SOGABULE
CLAIMANT

AND:

IN THE MATTER OF WILLS AND PROBATE AND ADMINISTRATION OF ACT

Date of Hearing: 13 March 2023
Date of Ruling: 28 March 2023

Mr Pitabelama R for the Objector/ Applicant
Mr Radclyffe A for the Respondent

<Style: HEADING MAIN>

Kouhota PJ

This is an application to amend the Letters of Administration pursuant to the section 48 of the Wills, Probate and Administration Act, Cap 33. There is also an application to set aside the grant of Letters of administration filed by the applicant on 7/11/2022. The applicant Mr Christopher Sogabule is the eldest son of the deceased the late John Sogabule. The late John Sogabule died intestate in 2018.

The Letters of Administration to administer the estate of late John Sogabule was granted to the wife of the late John Sogabule Mrs. Maybant Sogabule on 25^th February 2023.The applicant avers that the procedural requirements were not complied, in that no notice of the application for the Letters of administration was published so he was not aware of the hearing date. He had engaged a lawyer but withdrew his representation so he was not represented at the hearing.

Counsel for the respondent submitted that it is not a legal requirement that notice should be published before applications for grant of letters of the administration although it is a matter of practice. He submitted that notice is more relevant to the Public trustee’s application because he is last in the order of priority. I accept that it is not a legal requirement but do not agree that a notice is only relevant to applications by the Public trustees. I believe it is relevant in all applications to notify any persons having a beneficial interest in the properties to raise objection or wish to be joined as administrator of the deceased estate. I think it is a good practice.

The applicant in his amended application filed on 8^th March 2023 seek the following orders;

(a) That his application be granted,
(b) That the grant of letters of administration granted to the respondent be amended,
(c) That upon such amendment, the applicant be included as administrators of the properties jointly and
(d) Cost against the respondent.

The applicant in support of his application relied on,

(a) his sworn statement filed on 7^th November 2022,
(b) The sworn statement of Natasha Sogabule filed on 7^th November 2022
(c) Amended application filed on 8^th March 2023 and
(d) Further sworn statement of Christopher Sogabule filed on 8^th March 2023.

The applicant alleged in his sworn statement filed on 7^th November 2022 deposes that he attempted to discuss with his mother the respondent, the administration of the properties of his deceased father but she refused to speak to him. Mr Christopher Sogabule also deposes in his sworn statement that their mother is showing favouritism to one of his sisters named Lydia and ignoring the other siblings and threatens and refuses to allow all the children to work together on the businesses and properties left by their deceased father.

The evidence of Christopher Sogabule was supported by the sworn statement of one his sisters Natasha Sogabule filed on 8^th March 2023.

The order of priority in granting Letters of 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 sub section 3(1) and 3 (2) of the Regulations, they states 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 life time 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 life time 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.

In the present case the applicant Mr Christopher Sogabule is second inline in the order of priority for granted of Letters of administrations. His objection to grant Letters of administration to the respondent was an email to the Registrar of High Court on the 24^th. The email was acknowledged by the Registrar on the same day. However, despite the objection and the Registrar being aware of the objection, the next day 25^th May 2022 the Registrar proceeded and deal with respondent’s application in the absence of the objectors and grant the Letters of administration to the respondent.

The fact that in law, the respondent is first in line in the order of priority for grant of Letters of administration, in view is not a good reason to proceed with the respondent application when there are objections to the application. It would be more prudent to allow the objectors an opportunity to be heard and to consider the merit of their objections.

I do not consider it appropriate to consider the provisions of section 29 of the WPA now as I consider, in the circumstances of this case and in fairness to the parties, the relevant order is to allow the objectors to heard. I also consider not fair to order the Letters of administration be amended to include the applicant as joined administrator without giving the respondent an opportunity to respondent to the allegations in the sworn statements filed by the applicant. In the circumstances. I order that the grant of Letters of administration be set aside and direct that application be heard de nevo so both parties can plead their cases and assist the Court to make its decision.

Cost for applicant to taxed if not agreed.

The Court

Justice Emmanuel Kouhota

Puisne Judge