Exparte Rose (MA 312.2013) [2014] SCSC 55 (3 February 2014)

Based on the Magistrate's inquiry finding that Vincent Anderson drowned at sea and died on the day of disappearance, the court declared him dead as of 8 June 2005.

Citation: [2014] SCSC 55
Parties: Applicant: Alexandrine Rose; Subject of Application: Vincent Gerard Anderson
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 3 February 2014
Case Number: MA 312.2013
Procedural Posture: Application for Declaration of Death / Order on Application
Outcome: Declaration of death granted; order for registration of death issued; file closed.
Legal Topics: Presumption of Death, Declaration of Death, Civil Status Registration
Source Language: English

Civil Law Presumption of Death Declaration of Death Civil Status Registration

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Parties

Alexandrine Rose

Applicant

Vincent Gerard Anderson

Subject of Application

Procedural Posture

Application for Declaration of Death / Order on Application

Legal Issues

1 Whether Vincent Gerard Anderson can be presumed dead under the Presumption of Deaths Act

Ratio Decidendi

Based on the Magistrate's inquiry finding that Vincent Anderson drowned at sea and died on the day of disappearance, the court declared him dead as of 8 June 2005.

Court Disposition

Declaration of death granted; order for registration of death issued; file closed.

Orders

Vincent Gerard Anderson is declared dead, death deemed to have occurred on 8 June 2005.
Chief Officer of the Civil Status to register the death.