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Durgamma v Nath [2010] FJHC 321; HBC272.1998 (16 April 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No HBC 272 of 1998

BETWEEN:

DURGAMMA
(daughter of Ramaiya) of Yako, Nadi, Domestic Duties as Executrix and Trustee
of the Estate of Narayan Samy alias Narayan Sami (son of Subbaiya), Deceased.
Plaintiff

AND:

KARUN NATH (son of Sukh Deo) and SHAKUNTALA DEVI
(daughter of Ram Narayan) both of Yako, Nadi, Unemployed.
Defendants

ORDER OF THE COURT:

The settlement sought to be entered by parties cannot be done due to following and earlier reasons given (Party dead).

I find that there are two probates alleged by the plaintiff and the defendant in this matter. As such, as to which is the correct probate ought to be decided by the court that has issued the probate as the documents leading to the issue of probate in both such matters will be with that court. That court is the Probate Court Registry in Suva.

As per Practice Direction No 2 of 1994 and as per Order 41(2), Order 76(2) etc of the High Court Rules, before this matter is transferred to Suva, the Registry is hereby directed to find out from the Fiji Sugar Corporation as to how much has been deposited in court as per Judge Pathik's order of 12 March 1998.

Therefore, I make the following orders:-

1. The Registrar (Acting Deputy Registrar) of Lautoka High Court to call upon the Fiji Sugar Corporation to inform court the total sum of monies deposited in court as per Judge Pathik's order of 12 March 1998;
   
2. The Deputy Registrar High Court Lautoka to inform this court as to the amount deposited by the Fiji Sugar Corporation in Court;
   
3. The Deputy Registrar Lautoka High Court to inform the probate registry in Suva that this court has noted that two probates appears to have been issued in respect of the same dead person, and that the court is of the view that this aspect needs to be investigated, and to reply within a week to this court of its observations. (Probate Nos 33859 and 340550).
   

Mention on 23 April 2010 to inform court of above at 10.00am.

Sgd
Y.I. Fernando
JUDGE

At Lautoka
16 April 2010