Milikada Estate, In re [2024] SBHC 19; HCSI-CC 66 of 2023 (1 March 2024)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Milikada Estate, Re
Citation:
Date of decision:	1 March 2024
Parties:	The Estate of the Late Silas Milikada, Wills, Probate and Administration Act, Anthony Banisi Ghona
Date of hearing:	29 August 2023
Court file number(s):	66 of 2023
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Lawry; PJ
On appeal from:
Order:	1. The application to join Anthony Banisi Ghona to the application for letters of administration is refused. 2. Letters of Administration are granted to Lyndel Silas 3. Anthony Banisi Ghona is to pay the costs of the application on an indemnity basis.
Representation:	Mr J Taupongi for the Applicant for the Letters of Administration No Appearance for the Applicant for Joinder
Catchwords:
Words and phrases:
Legislation cited:	Wills, probate and Administration Act [cap 33]
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 66 of 2023

BETWEEN

IN THE ESTATE OF THE LATE SILAS MILIKADA (DECEASED INESTATE, OF CHEA MAROVO LAGOON, WESTERN PROVINCE)

AND

THE WILLS, PROBATE AND ADMINISTRATION ACT [CAP 33]

AND:

AN APPLICATION FOR JOINDER BY MR ANTHONY BANISIGHANO

Date of Hearing: 29 August 2023
Date of Decision: 1 March 2024

Mr J Taupongi for the Applicant for Letters of Administration
No Appearance for the Joinder

RULING ON APPLICATION FOR JOINDER

1. Silas Milikada died on 14 September 2022. On 20 February 2023 his adult daughter, Lyndel Silas, applied for letters of Administration for his estate. On 7 March 2023 Anthony Banisi Ghona filed an application for joinder to the application for letters of administration. Anthony Banisi Ghona is a nephew of the late Silas Milikada. On 18 April 2023 the Registrar directed that the application be placed before a Judge. The application came before the Court on 18 August 2023. The hearing was scheduled for 29 August 2023 at 1.00pm.
2. The Court directed that counsel for the joinder applicant would need to justify why the application should be granted.
3. There was no appearance Anthony Banisi Ghona or his counsel on 29 August 2023. No further application regarding the grant of letters of administration has been made since that date. On 29 August 2023 the Court made an oral ruling in the matter. There being no appearance in support of the application for joinder and there being no apparent basis for the application for joinder in the material before the Court, the application for joinder was refused and the application for letters of administration was granted to Lyndel Silas.
4. The Court waited before making a final written ruling in the event that some explanation was forthcoming for the failure to appear before the Court or file any material other than the application. None has been received.
5. On its face the application was totally misconceived. His application was that as the nephew of the deceased he is equally entitled to the grant of letters of administration. The basis for this appears to be that he claims he has an interest in the property formerly occupied by the Deceased. The Wills, Probate and Administration Act – Grants of Probate and Administration (Order of Priority) Regulations 1996 clearly sets out the order of priority in applying for letters of administration.
6. Regulation 3(1) gives the first priority to a surviving spouse. Next in line are the children of the Deceased, or if the child or children have died during the lifetime of the Deceased, leaving issue, then that person or persons. Next in line are the parents of the Deceased. Only then would the brother or sister have a claim or if they had died during the lifetime of the Deceased then a niece or nephew.
7. On the information provided by the applicant for joinder, Anthony Banisi Ghona’s claim to administer the estate of the Deceased, together with the child of the Deceased must be refused. On the material provided the application could not be granted, for that reason the Court orders indemnity costs to be paid by Anthony Banisi Ghona

Orders

1. The application to join Anthony Banisi Ghona to the application for letters of administration is refused.
2. Letters of Administration are granted to Lyndel Silas
3. Anthony Banisi Ghona is to pay the costs of the application on an indemnity basis.

By the Court
Hon. Justice Lawry
Puisne Judge