The High Court in Suva has ordered the Mara siblings to pay $2000 for failing to comply with court orders. Lawyers for Adi Koila Mara Nailatikau and Ratu Tevita Uluilakeba Mara, who are suing former Chief Magistrate Sekove Naqiolevu, Na Hina Limited, and Na Hina Trust, have not yet filed and served the plaintiff’s Summons of Direction.
The siblings’ lawsuit pertains to a civil matter involving a breach of trust in relation to the establishment and management of the Na Hina Trust. Adi Koila appeared with her new lawyer, Ulamila Fa, before Acting Master Liyanage Kashyapa Wickramasekara at the High Court in Suva yesterday.
In the previous proceeding, Acting Master Wickramasekara ruled against the defendants’ Strike Out application on February 24, 2023. The defendants were given until March 14, 2023, to file and serve their statement of defence, while the plaintiff was granted an additional 14 days to file and serve their reply. The plaintiff was also ordered to file and serve its Summons of Direction by April 11, 2023, which they failed to do.
During yesterday’s proceedings, Ms Fa requested the court’s permission to file and serve the plaintiff’s Summons of Direction, explaining that she had previously attempted to do so without success. She informed the court that she was told by the High Court Registry that consent from the defendants was necessary due to missing the deadline. Ms Fa clarified that as the new legal representative, she had only received instructions regarding the Summons from the previous lawyers and was unaware of any related costs.
Acting Master Wickramasekera reminded Ms Fa that the court’s requirements were clearly stated in the ruling and had not been followed. Master Wickramasekera adjourned the matter to September 17 for mention.
Background:
The Mara siblings’ claim originates from a trust initially created on July 5, 1930, known as the ‘Yanuca Trust.’ They assert that their late mother, Ro Adi Lady Lalabalavu Litia Kaloafutoga Mara, was a beneficiary of this trust as the heir and successor to her mother, Adi Asenaca Vosailagi, one of the 28 original beneficiaries.
Ro Adi Lady Lala Mara was appointed as the sole trustee of the Yanuca Trust through a Deed of Trust in October 1969. Following a court proceeding in 1991, Ro Adi Lady Lala Mara was voluntarily removed as sole trustee, leading to the establishment of the Na Hina Trust in 2002. The siblings’ claim questions the adherence to the objectives of the original Yanuca Trust in the establishment of the Na Hina Trust and whether their mother’s removal as sole trustee was conducted under duress.