ex p Medine (CS 266/2004) [2007] SCSC 4 (27 March 2007)

ex p Medine (CS 266/2004) [2007] SCSC 4 (27 March 2007)

The application is procedurally improper as it was not commenced by plaint as required for actions under Article 340 of the Civil Code, and the supporting affidavit is irregular since the applicant's counsel also acted as notary without leave of court.

Citation
[2007] SCSC 4
Parties
Applicant: Allen Jude Medine; Intervener: Melchior Vidot
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 March 2007
Case Number
CS 266/2004
Procedural Posture
Civil / Preliminary Objection Ruling
Outcome
Application struck off
Legal Topics
Paternal Descent, Declaratory Relief, Affidavit Irregularity, Jurisdiction
Source Language
English
Civil Procedure Family Law Paternal Descent Declaratory Relief Affidavit Irregularity Jurisdiction

Case Brief

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Parties

Allen Jude Medine

Applicant

Melchior Vidot

Intervener

Procedural Posture

Civil / Preliminary Objection Ruling

Legal Issues

  1. 1 What is the proper procedure to seek a declaratory relief in respect of paternal descent under Article 340 of the Civil Code?
  2. 2 Is it proper for an attorney to act as commissioner for oaths and attest an affidavit of his client in the same case?

Ratio Decidendi

The application is procedurally improper as it was not commenced by plaint as required for actions under Article 340 of the Civil Code, and the supporting affidavit is irregular since the applicant's counsel also acted as notary without leave of court.

Court Disposition

Application struck off