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Renu v Siwan [2010] FJHC 323; HBC180.2009 (3 May 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No HBC 180/2009

BETWEEN:

PUSHPA RENU
father's name Muthusamy Padiyachi of
16B Stephen Lysnar Place, Hillsborough, Auckland, New Zealand,
School Teacher.
Plaintiff

AND:

SADA SIWAN
father's name Govind Sami Naicker of
Nadi, Ba Road, Nadi Administrator in the
Estate of Muthusamy Padiyachi aka Muthu Swammy.
Defendant

ORDER OF THE COURT:

Parties have not filed written submission as per previous order.

In any event, this is prima facie a probate matter as the Will in question (Probate No 41200) is yet to be submitted to Suva Probate Registry.

As such as per Order 4, rule 1, Order 76, rule 1(2) and Practice Direction No 2 of 1994, this matter ought to have been filed in Suva Probate Registry.

As such, I transfer this action to the Suva Principal Probate Registry and Suva High Court for parties to deposit the probate if required and file accounts.

I refer to my Order in No 144/2007 of 26 April 2010 on such matters.

As such, Acting Deputy Register to take administrative steps to transfer this matter to the Principal Probate Registry in Suva and Suva High Court to be amalgamated with the probate action issuing probate No 41200.

Sgd
Y I Fernando
JUDGE

At Lautoka
3 May 2010