The High Court in Suva has commanded the Mara siblings to pay $2000 for not adhering to court orders. Represented by new lawyer Ulamila Fa, Adi Koila Mara Nailatikau and Ratu Tevita Uluilakeba Mara are suing former Chief Magistrate Sekove Naqiolevu, Na Hina Limited, and Na Hina Trust over a breach of trust concerning the Na Hina Trust’s establishment and management.
In a previous session, Acting Master Liyanage Kashyapa Wickramasekara denied the defendants’ Strike Out application on February 24, 2023. The defendants were instructed to file and serve their defense statement by March 14, 2023, and the plaintiffs were given another 14 days to respond, with a deadline of April 11, 2023, to submit their Summons of Direction, which was not met.
During the latest proceedings, Ms. Fa requested the court’s permission to file and serve the overdue Summons of Direction. She explained that her attempt to file the Summons had failed due to a requirement for the defendants’ consent after missing the deadline. Ms. Fa pointed out that she had only recently taken over the case and was not informed of the costs involved by the previous lawyers.
Acting Master Wickramasekera stressed that the filing requirements had been clearly outlined in the court’s ruling and had not been followed, adjourning the matter to September 17 for mention.
Background:
The ongoing lawsuit originates from the ‘Yanuca Trust’ established on July 5, 1930. The plaintiff’s claim that their late mother, Ro Adi Lady Lalabalavu Litia Kaloafutoga Mara, was a beneficiary as heir to her mother, Adi Asenaca Vosailagi, one of the original 28 beneficiaries. Appointed as the Yanuca Trust’s sole trustee in October 1969, Ro Adi Lady Lala Mara voluntarily relinquished her position in 1991, leading to the formation of the Na Hina Trust in 2002. The siblings argue the Na Hina Trust’s inception did not align with the Yanuca Trust’s objectives and question if their mother’s trustee removal was performed under duress.