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THE High Court ordered that more than $5 million be paid out of court-held trust funds to satisfy decades-old costs owed by Emile Elias to his brothers, Joseph and Robert Elias, stemming from long-running probate litigation over their father’s estate.

Justice Robin Mohammed ruled that the Limitation of Personal Actions Ordinance, not the Limitation of Certain Actions Act, governs the dispute, clearing the way for recovery of both principal and accrued interest on costs orders dating back to proceedings that began in 1985.

The judgment creditors, Joseph Elias and Robert Elias, acting as executors and trustees of the estate of Nagib Elias, sought enforcement of taxed costs arising from court actions in 1985 and 1995. Joseph and Robert contended Emile owed $4.9 million in costs, which, they said, he refused to pay.