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In re the Estate of Dan Odil [2006] VUSC 37; Probate Case 030 of 2004 (16 June 2006)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

PROBATE CASE No.30 of 2004

IN THE MATTER OF: THE ESTATE OF DAN ODIL MORRIS
Deceased

AND:

JOEL FABA MORRIS
Applicant

JUDGMENT

This is an application for Administration of the Estate of Dan Odil (Deceased) by Joel Faba Morris, the Applicant. The Applicant is the brother of the deceased.

This application came before me for hearing on 5 December 2005. It was then adjourned to 12 December 2005 then to 28 February 2006 as the Applicant did not attend.

On 28 February 2006, the application was adjourned to 29 March 2006 for hearing. On that date the Applicant, Mr Joel Faba Morris attended the hearing. He applied for an adjournment as there was no sworn statement exhibiting the assets of the deceased in support of the application.

On 29 March 2006, the Court directed the Applicant to file a sworn statement showing the material information of the existence of any assets of the Estate of the deceased person. The hearing was then adjourned to 18 April 2006. On 18 April 2006, the Applicant requested a further adjournment of 14 days. The Court adjourned the hearing to 12 May 206 at 8.00AM o’clock for hearing. On 12 May 2006, the Applicant requested another 14 days. The Court adjourned the Applicant to 13 June 2006 at 8.00AM o’clock as no sworn statement was filed.

On 13 June 2006, the Applicant does not attend the hearing.

The Probate Case No.30 of 2004 is hereby dismissed for lack of material information in relation to the existence of any assets of the Estate of the Deceased.

DATED at Port-Vila this 16th day of June 2006

BY THE COURT

Vincent LUNABEK

Chief Justice