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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Pangou v Nzoulou [2022] EWHC 147 (Ch) (07 January 2022) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2022/147.html Cite as: [2022] EWHC 147 (Ch) |
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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
PROPERTY, TRUSTS AND PROBATE LIST (ChD)
IN THE MATTER OF THE ESTATE OF
AUGEL STEEVES ANDREX PANGOU (DECEASED)
Fetter Lane London EC4A 1NL |
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B e f o r e :
____________________
JENNYFER PANGOU | Claimant | |
and | ||
RINA NZOULOU |
____________________
Unit 1 Blenheim Court, Beaufort Business Park, Bristol, BS32 4NE
Web: www.epiqglobal.com/en-gb/ Email: [email protected]
(Official Shorthand Writers to the Court)
MR KAIHIVA appeared on behalf of the Defendant
Trial: 6-7 January 2022
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Crown Copyright ©
THE CHIEF MASTER:
(1) an order that the claimant is the person entitled to possession of the body of the deceased and to make arrangements for its disposal, including the mode and place of burial; and
(2) insofar as necessary, a limited grant of letters of administration pursuant to section 113 of the Senior Courts Act 1981, the limited purpose being the disposal of Augel's body.
The Law
"(1) If by reason of any special circumstances it appears to the High Court to be necessary or expedient to appoint as administrator some person other than the person who, but for this section, would in accordance with probate rules have been entitled to the grant, the court may in its discretion appoint as administrator such person as it thinks expedient.
(2) Any grant of administration under this section may be limited in any way the court thinks fit."
The Claim and Evidence
Factual Background
Wishes of Augel
"On my death I would like to be buried in my country of permanent residence."
Jennyfer alleges this is a forgery. In her first witness statement she alleges that Augel had confided in Yvette that he wished to be buried in the same vault as his mother. She was not present during this alleged conversation. No details are given about this conversation in Yvette's statement. In fact the plot or vault appears to have been purchased after Augel died. I do not accept Jennyfer's evidence in respect of this conversation.
"It is highly probable that the questioned handwriting, including the signature, was written by Mr Augel Pangou. It is highly probable all documents provided were by the same person. It is probable that the crossing out of the zero and other alternations were written by the same person."
Wishes of family and friends
"Augel may have grown up with the African values and customs due to his parents' influence. However, as an adult he did not hold these values in his way of life. He also did not believe in raising his children with those values. In this regard, it is important to note that [Jennyfer] has never visited the Congo, and so knows nothing about these traditions. Augel did not impress these traditions and beliefs on [Jennyfer] when he lived with [h]er and her mother, his ex-wife Sylvie, in the early 2000s.
I believe Augel had respect towards elders as this is normal to African culture. However, this does not mean a man cannot form their own values and beliefs as he grows, which was the case with Augel."
Places to which Augel had closest connection
Practicalities of burial arrangements