Shanti Harilal Rama v. Bhagwat Harilal Rama

• Jurisdiction: Fiji
• Judge: Master Ms Vandhana Lal
• Judgment Date: 15 August 2023
• Court: High Court (Fiji)
• Date: 15 August 2023
• Counsel: PLAINTIFF: Mr. N. Prasad [Mitchell Keil Lawyers],FIRST & SECOND DEFENDANTS: Mr. Naidu [Naidu Law] (Solicitors representing Defendants at time of the hearing),THIRD DEFENDANT: In Liquidation
• Docket Number: CIVIL ACTION NO.: HBC 56 of 2017

IN THE HIGH COURT OF FIJI

AT SUVA

CIVIL JURISDICTION

CIVIL ACTION NO.: HBC 56 of 2017

BETWEEN:

Shanti Harilal Rama

Plaintiff

v.

Bhagwat Harilal Rama

First Defendant

Joshika Samujh

Second Defendant

Rama & Sons Limited

Third Defendant

RULING BY:

Master Ms Vandhana Lal

DELIVERED ON: 15 August 2023

APPEARANCES/REPRESENTATION

PLAINTIFF: Mr. N. Prasad [Mitchell Keil Lawyers]

FIRST & SECOND DEFENDANTS: Mr. Naidu [Naidu Law] (Solicitors representing Defendants at time of the hearing)

THIRD DEFENDANT: In Liquidation

TO:

1. Suva High Court Civil File No. HBC 56 of 2017;

2. Mitchell Keil Lawyers, Solicitors for the Plaintiff;

3. Haniff Tuitoga, Solicitors for the First & Second Defendants.

INTERLOCUTORY RULING

Applications for Determination

1. There are two applications for determination before this court:

• i. The Plaintiff's summon dated 10 August 2018 seeking orders as follows:

  • (a) The Plaintiff, Shanti Harilal Rama also known as Shanti Rama also known as Shanti Lal, be substituted with Kishore Lal Dahya also known as Kishor Lal and Arvind Kasabia both of Suva, Fiji, Company Directors, being the duly appointed executors and trustees of the Estate of Harilal Rama pursuant to Probate No. 43315;

  • (b) All documents filed in this action hereinbefore shall have effect in relation to the new Plaintiffs, Kishore Lal Dahya also known as Kishor Lal and Arvind Kasabia, as they had in relation to the existing Plaintiff, Shanti Harilal Rama also known as Shanti Rama also known as Shanti Lal;

  • (c) The new Plaintiffs, Kishore Lal Dahya also known as Kishor Lal and Arvind Kasabia, be given leave to amend the Statement of Claim dated 28 February 2017;

• ii. The First and Second Defendants summons dated 17^th December 2018 for striking out the claim pursuant to Order 18 Rule(1) (a) of the High Court Rules.

Plaintiff's Claim

2. The Plaintiff's claim is summarized as follows:

The Plaintiff and First Defendant were named beneficiaries under the Will of Late Hari Rama.

The Plaintiff alleges that the First Defendant or someone nominated by him forged the Plaintiff's signature to effect transfer of property on CL1994 (which was under the Plaintiff's name) to the First Defendant.

Further allegation are regarding Estate properties that is:

• - The First Defendant passed resolution removing Plaintiff as a shareholder (1%) and director. Her signatures were forged.

• - The First and Second Defendants wrongfully converted Plaintiff's entitlement in the Estate to their own gain.

3. The Plaintiff claims she has suffered loss as a result of the First and Second Defendant's action and the two Defendants have unjustly enriched themselves.

The Plaintiff's application dated 10^th August 2018

4. The Plaintiff seeks orders that the current Plaintiff be substituted with Kishore Lal Dahya and Arvind Kasabia being the duly appointed executors and trustees of the Estate of Harilal Rama pursuant to Probate No. 43315.

5. Since the First and Second Defendant have acted contrary to the provision of Succession Probate and Administration Act and acted as executors de son tort.

6. Based on above and the judgment by Alfred J. dated 14^th November 2017 the executors now have decided to be substituted as Plaintiffs.

7. According to the Plaintiff, since the estate assets and property mentioned rested on the Executors and Trustees, the Executors and Trustees of the Estate are the proper persons to be named as Plaintiffs.

8. Due to substitution of parties, amendment to the statement of claim is required to properly identify the issues for determination.

The First and Second Defendant's summon dated 17^th December 2018

9. The First...