Ex parte In the matter of Attorney General (XP 261 of 2022) [2023] SCSC 147 (21 February 2023)

Ex parte In the matter of Attorney General (XP 261 of 2022) [2023] SCSC 147 (21 February 2023)

The court found that the Attorney General had provided sufficient affidavit evidence to justify belief that Peter, Guy, Clement is dead, but formal proof is impossible as the body has not been found, thus meeting the statutory threshold for ordering a public enquiry under the Presumption of Deaths Act.

Citation
[2023] SCSC 147
Parties
Applicant: Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 February 2023
Case Number
XP 261 of 2022
Procedural Posture
Ex Parte Application / Final Order
Outcome
application allowed
Legal Topics
Presumption of Death, Public Enquiry, Missing Persons
Source Language
English
Probate Presumption of Death Public Enquiry Missing Persons

Case Brief

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Parties

Attorney General

Applicant

Procedural Posture

Ex Parte Application / Final Order

Legal Issues

  1. 1 Whether sufficient grounds exist to order a public enquiry to ascertain if Peter, Guy, Clement is dead under the Presumption of Deaths Act

Ratio Decidendi

The court found that the Attorney General had provided sufficient affidavit evidence to justify belief that Peter, Guy, Clement is dead, but formal proof is impossible as the body has not been found, thus meeting the statutory threshold for ordering a public enquiry under the Presumption of Deaths Act.

Court Disposition

application allowed

Orders

  • A Magistrate (approved by the Minister) is to hold a public enquiry into the circumstances of Peter, Guy, Clement's disappearance.
  • The Magistrate is to summon the Commissioner of Police and any other relevant witnesses to produce evidence.