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Taylor v Leni [2015] SBLC 2; LC Case 02 of 2013 (12 October 2015)

IN THE SHORTLAND LOCAL COURT
WESTERN DISTRICT
SOLOMON ISLANDS

LC CASE NO: 02/2013

IN THE MATTER OF:

Section 105 of Wills, Probate and Administration Act (Cap.33)

And:

IN THE MATTER OF: Section 8 of the Local Court Act Amendment (Cap.19) 1985

BETWEEN:

George Taylor
Applicant

AND:

James Leni and Modesto Buin
Respondent

Sitting at Gizo, Western Province
Date of hearing: 5/10/2015
Date of Judgment: 12/10/2015

JUDGMENT

Introduction

This is an application made under Section 105 of the Wills, Probate and Administration Act (Cap.33) and Section 8 of the Local Court Act Amendment (Cap.19) 1985. The application was made by George Taylor on behalf of the Silakanegana tribe of the line descendants of John Sopina and Josephine Kaeka of Alu Shortland, Western province.

Brief Background

In 1971, the known portion of land TEAHUI MUMUNOI customary land was leased to the Government by two persons late Joachim Soe and Mikaele Meibo Tanutanu in their representative capacity as chiefs, elders and traditional leaders of Silakanegana landholding group of Alu, Shortland Western Province.

The two persons in the name of Joachim Soe and Mikaele Meibo Tanutanu held Trust had both died intestate. Joachim Soe was the last to die in time of the two. Upon died intestate of the two joint trustees, James Leni made and complying with necessary requirements to becoming the estate administrator made his way through by holding a public meeting consisting of tribal members of the Silakanegana Landholding group at Koliai Village on 8th July 2006 a result of which James Leni was appointed to deal with the administration of the estate. Subsequently an application for Letters of Administration was made to the Registrar of High Court and was endorsed therewith on 3rd April 2013.

Applicant's Submission

Mr. George Taylor made application to the Shortland Local Court which was received and filed on 11th April 2013 at the Gizo Magistrates' Court office. Mr. Taylor applied to this court to certify pursuant to Section 105 of the Wills, Probate and Administration Act (Cap.33) in accordance with the current customary usage of the ALU people in the Shortland. He applied in his representative capacity as a member of the family group of John Sopina and Josephine Kaeka also part of the Silakanegana tribe. This was made following a meeting of some elders and members of the Silakanegana tribe at Hare Hare Village Kindy Hall on the 2nd of May 2013.

Objection Submission to the Application

Objecting the application, the Respondent applied to this court for an Order to dismiss the Applicant's submission in its entirety on grounds that there is no reasonable cause of action disclosed and that the proceeding is an abuse of Court process. Further the application to dismiss, the Respondents contested that the Applicant has no standing in the action, that he is a member of the Silakanegana tribe and that under Civil Procedure Rule - Rule 3.42 does not form part of the argument of a member of the same tribe to sue the whole, simply mean that he is a member of the Silakanegana tribe and he cannot sue the tribe which he is part of.

Issues:

The Issues are:

1. Whether or not the Applicant in this proceeding has standing and a reasonable cause of action in applying to this court to certify him as a member of the Silakanegana tribe?
   
2. Whether or not George Taylor's application to this court satisfies the requirement of Section 105 of the Wills, Probate and Administration Act (Cap.33)?
   
3. The grant of Letters of Administration to Mr. James Leni to succeed his father late Joachim Soe who died last in time at the time of the joint trustees' intestacy.
   

Issue 1

The Respondent made cross application disregarding George Taylor's application defying him as having standing to bring an action before the court and he cannot sue the tribe or members of the Silakanegana tribe which the Respondents thought to represent by using the provision of Civil Procedure Rule – Rule 3.42. Mr. Taylor contested the Respondents' application saying that he is at all material time a member of the Silaknegana tribe and that he has all the right to be acting for and on behalf of the members of the Silakanegana tribe (the beneficiaries).

This court is of the view that the issue of standing and reasonable cause of action and the CPR Rule 3.42 does not matter here. The Applicant has standing and a reasonable cause of action in this proceeding because he is not challenging the tribe he claimed to be a member of. He is simply applying to this Court to be recognized as a member of the Silakanegana Landholding group provided for under Section 105 of the Wills, Probate and Administration Act (Cap.33).

Issue 2

The Applicant's application is made under and in accordance with the provision of Section 105 of the Wills, Probate and Administration Act (Cap.33) and that he is a member of the Silakanegana tribe. The Applicant is applying to this court in his representative capacity as member of the Silakanegana tribe and that he applies for the court to certify under current customary usage as certified by the local court having jurisdiction in the area where the land is situated. That is simply what the Applicant is doing.

The Law

In effect Section 105 of the Wills, Probate and Administration Act states; "Where a Solomon Islander dies intestate and any estates on perpetual estate owned by him does not form part of the intestacy residuary estate, the devolution of such perpetual estate shall be in accordance with the current customary usage as certified by the local court having jurisdiction in the area where the land is situated".

Issue 3

The High Court of Solomon Islands granted Mr. James Leni the Letters of Administration pursuant to Section 209 (2)(a) of the Lands and Titles Act. All in all he is acting in his capacity as administrator of the estate proved with a tendered document in court dated 3rd April 2014 endorsed by the Registrar of the High Court.

The law

Section 209 (2) (a) states;
"The Public Trustee or other personal representative, or the Commissioner, on application to the Registrar in the prescribed form accompanied by proof of his authority to act, shall be entitled to require the Registrar-(a) to register him by transmission as owner in the place of the deceased and in the case of the official administrator or other personal representative, with the addition after his name of the words "as executor of the estate of deceased" or "as administrator of the estate of deceased" as the case may be".

In this case Mr. Leni is the administrator of the estate but is subject to change depending on the circumstances surrounding the administration of the estate.

This court upon hearing submissions of the Applicant and Respondent decide as follows;

1. The Application of George Taylor is granted and this court certifies under current customary usage of the Alu people in Shortland Island that Taylor is a member of the Silakanegana tribe.
   
2. George Taylor to be recognized as a member of the Silakanegana tribe by the members of the Silakanegana Landholding group (the beneficiaries).
   
3. James Leni the administrator of the estate to include the Applicant as a beneficiary to the estate.
   

Orders:

- It is hereby ordered that all members of the Silakanegana tribe to convene a meeting within a reasonable time subject to the decision of this court to address the issue of recognition of George Taylor.

- Costs be borne by parties.

R/A Explained

Dated this 12th day of October 2015
At Gizo

Western Province
Solomon Islands

THE COURT