In the matter of Exparte A.E (CS184/2018) [2018] SCSC 8323 (19 November 2018)

In the matter of Exparte A.E (CS184/2018) [2018] SCSC 8323 (19 November 2018)

The lateness in declaring the birth was fully accounted for by the applicant, as the hospital withheld the necessary attestation document until payment was made, making timely registration impossible. The court is satisfied and grants the order for late registration without imposing a fine.

Citation
[2018] SCSC 8323
Parties
Applicant: A. E (Atude Eunice)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 November 2018
Case Number
CS184/2018
Procedural Posture
Petition/application / Order
Outcome
Application granted
Legal Topics
Late Registration of Birth, Civil Status Act, Birth Registration
Source Language
English
Civil Procedure Late Registration of Birth Civil Status Act Birth Registration

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Parties

A. E (Atude Eunice)

Applicant

Procedural Posture

Petition/application / Order

Legal Issues

  1. 1 Whether the court should order late registration of the birth of the applicant's child under Section 31 of the Civil Status Act

Ratio Decidendi

The lateness in declaring the birth was fully accounted for by the applicant, as the hospital withheld the necessary attestation document until payment was made, making timely registration impossible. The court is satisfied and grants the order for late registration without imposing a fine.

Court Disposition

Application granted

Orders

  • No fine imposed under Section 31(2) of the Civil Status Act as lateness was satisfactorily explained.
  • Chief Officer of Civil Status to register the birth of the male child born to Atude Eunice on 10th September 2018 at Seychelles Hospital.