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Vunagi Estate, Re [2025] SBHC 73; HCSI-CC 98 of 2024 (21 May 2025)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 98 of 2024

BETWEEN

IN THE MATTER of Dadale Land, Perpetual Estate in Parcel Number 106-002-1 registered in trust under the name of late Chief Johnson Vunagi, deceased of Samasodu Village, Katova District, Isabel Province, Solomon Islands

AND

IN THE MATTER of Wills, Probate and Administration Act [Cap.33]

AND

IN THE MATTER of the application of Michael Holara, Felix Diamana, Hilda Pago, Oswald Mesepitu and Doris Fraide for Grant of Letters of Administration.

AND

IN THE MATTER of Marista Vunagi Kapini and Pamela Vahia Isarongo, the Objectors to the application for grant of letters of administration

Date of Hearing: 28 November 2024
Date of Ruling: 21 May 2025

Mr Walter Rotumana for the Appellant
Mr James Goodenough Nubuleji for the Objectors

Pitakaka; PJ

RULING ON APPLICATION FOR LETTERS OF ADMINISTRATION

Introduction and Background

1. This case concerns a contested application for a grant of Letters of Administration over Parcel No. 106-002-1, known as the Dadale land, a Perpetual Estate (PE) property registered under the name of the late Chief Johnson Vunagi of the Taraoa Tribe, Samasodu Village, Katova District, Isabel Province.
2. Michael Holara, one of the applicants gave evidence in his sworn statement filed on 12 March 2024 in support of the application.
3. His evidence is to the following effect:
   1. The Applicants wants the court to grant the letters of administration in respect of Dadale land in perpetual estate in parcel No.106-002-1 to them.
   2. Dadale land was previously registered to Johnson Vunagi, Hilda Pago Vahia and Kathleen Vahia in trust for Taraoa tribe, all of whom have passed away.
   100. before Chief Johnson Vunagi, the last surviving trustee passed away, he appointed the applicants, Felix Diamana, Hilda Pago, Oswald Mesepitu, Doris Fraide and Michael Holara as trustees of Perpetual estate in parcel No. 106-002-1.
   4. That appointment was duly endorsed by Taraoa tribe.
   5. Since Johnson Vunagi has passed away the applicants say that pursuant to their appointment by late Chief Johnson Vunagi referred to hereof they (applicants) are entitled to the grant of the letters of administration of Dadale land to them.
   6. On 26 May 2022 and 11 June 2022 respectively, the applicants published the public notice in the Solomon Star newspaper of their intention to apply for letters of administration of Dadale land.
   7. By letter dated 20 June 2022, Marista Vunagi Kapini and Pamela Vahia Isarongo made an objection of the application of the applicants to the High Court.
   8. Marista and Pamela are members of Taraoa tribe.
   9. They have beneficial interest in Dadale land.
   10. They are daughters of deceased trustees, Johnson Vunagi and Hilda Pago Vahia.
   11. The applicant says that if their interest is personal in that it arises from their late parents then the applicants objected to them because their interests will be represented by the trustees like all the other members of Taraoa tribe.
4. The objectors, Marista and Pamela also gave evidence in their respective sworn statements in support of their objection to the application.
5. Their evidence is to the effect that the applicants’ appointment as trustees of Taraoa tribe was not according to and in breach of customary practice of succession of Taraoa tribe of Katova District, Isabel Province. They also say that some of the applicants are not entitled to be appointed as trustee because they are not members of Tarao tribe.
6. Chief David Rahukolo also gave evidence in his sworn statement filed on 4 June 2024 in objecting to the application for the grant of letters of administration of Parcel No. 106-002-1 to the applicants.
7. His evidence is to the effect that he as the chief of Taraoa tribe was not consulted on the purported appointment of the applicants by Chief Johnson Vunagi. He asserts that his consent is necessary in custom. Hence the appointment of the applicants was not in accordance and in breach of the customary practice of succession of Taraoa tribe of Katova District, Isabel Province.

Issue for Determination

8. The Issue for the court to determine is whether the applicants are entitled to be granted letters of administration of Dadale Land.

Rule/Applicable law

9. The governing statute is the Wills, Probate and Administration Act [Cap.33], which regulates the legal process for administering estates where no will is present.
10. Section 105 of the Wills, Probate and Administration Act states:
    • "Where a Solomon Islander dies intestate and any perpetual estate owned by him does not form part of the 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." (my emphasis)
11. Section 105 applies when:
    1. A Solomon Islander dies intestate (without leaving a valid will);
    2. He or she owned land under perpetual estate title; and
    3. That perpetual estate is excluded from his intestacy residuary estate under the Act.
12. This means that the land in question subject to the application for the grant of letters of administration is not treated as part of the deceased’s estate that can be distributed under standard intestacy rules. See Tharoghia v Tolia^[1] and Evo v Rizu ^[2]
13. The exclusion of such land not treated as part of the deceased’s estate typically happens because the registered perpetual estate is held by the deceased on behalf of a group or tribe, not as individual property.
14. In the case of Tharoghia v Tolia ^[3]and Evo v Rizu ^[4] it was established to the effect that where a Solomon Islander dies intestate (without a will) and the deceased held a registered perpetual estate not as a personal asset but in trust for a tribal or clan-based landholding group as evidenced by a statutory declaration stating that the land was held as trustee for the group then the law mandates that the devolution of that land must proceed according to current customary usage, and such devolution must be certified by the local court under section 105 of the Wills, Probate and Administration Act (Cap. 33).

Discussions
The position of the Applicants

15. The thrust of the applicants’ case is that since they have been appointed by the surviving trustee, Chief Johnson Vunagi to be trustees of Dadale land when he was still alive there is no need to be further determined as trustees in any appropriate forums, hence they are entitled to be granted letters of administration in respect of Dadale land.
16. They say that their appointment was endorsed by the majority of members of Taraoa tribe and was in accordance with applicable custom of the Katova District.

The position of the Objectors

17. The Objectors submits that the appointment of the applicants was not valid and in breach of the customary practice of succession of Taraoa tribe of Katova District, Isabel Province.
18. The Applicants' appointment did not follow proper custom.
19. Late Chief Vunagi appointed them without the consent of Chief Rahukolo.
20. Neither the Applicants' lineage nor the process aligns with Taraoa succession norms.
21. The Dadale Land trusteeship must continue in accordance with the customary practice requiring appointees from the Rosta Vanu and Salahiga lines.

Courts analysis and Findings

22. The court finds that, applicant brings this application under the Wills, Probate and Administration Act [Cap.33]. The court is therefore of the view that the Wills, Probate and Administration Act governs the process of where a Solomon Islander who is a registered owner of perpetual estate in trust of a tribe dies.
23. Here upon the death of Chief Johnson Vunagi on 11 February 2022, Dadale Land did not form part of his residuary estate. This is because he held the Dadale strictly as a trustee, and Section 105 of Wills, Probate and Administration Act applies in this circumstance.
24. Therefore, the Court determines that section 105 is mandatory in that the devolution of such perpetual estate, hence Dadale shall be in accordance with the current customary usage as certified by the local court having jurisdiction in the area where the land is. This means that devolution of Dadale must proceed according to current customary usage certified by the local court under section 105 of the Wills, Probate and Administration Act (Cap. 33).
25. That is section 105 imposes a mandatory duty on the Local Court to determine the rightful successor or successors to the perpetual estate. The Registrar cannot enter any successor in title on the register until the local court issues a certificate confirming to whom the estate is to devolve.

Conclusion

26. Having regard to the above findings the court determined that the application for the grant of letters of administration to the applicants is refused.

Final Orders

27. I therefore order as follows:
    1. The application for Letters of Administration by Michael Holara, Felix Diamana, Hilda Pago, Oswald Mesepitu, and Doris Fraide is refused and dismissed;
    2. The applicants are declared not entitled to represent the Taraoa Tribe or administer the letters of administration of Dadale land in perpetual estate in parcel No.106-002-1.
    3. Future questions of trusteeship or customary entitlement or rightful successor or successors to the perpetual estate over Dadale land in perpetual estate in parcel No.106-002-1 shall be referred to the Isabel Local Court to determine in accordance to Section 105 of the Wills, Probate and Administration Act [Cap.33].
    4. Each party shall bear their own costs.

Order accordingly
DATED this 21^st Day of May, 2025.
By the Court
Hon. Justice Michael Collin Pitakaka
Puisne Judge of the High Court

^[1] [2009] SBHC 13; HCSI-CC 276 of 2008 (8 May 2009), Cameron PJ
^[2] SBHC 160; HCSI-CC 191 of 2014 (3 November 2014), Maina J

^[3] [2009] SBHC 13; HCSI-CC 276 of 2008 (8 May 2009), Cameron PJ
^[4] SBHC 160; HCSI-CC 191 of 2014 (3 November 2014), Maina J