Barallon (nee Rose) v Barallon (MC 12/2016) [2016] SCSC 427 (17 June 2016)

Barallon (nee Rose) v Barallon (MC 12/2016) [2016] SCSC 427 (17 June 2016)

The respondent suffers from irreversible mental and physical conditions that prevent him from managing his affairs, necessitating interdiction and appointment of a guardian. The petitioner is found fit and proper to act as guardian.

Source-derived case information.

Citation
[2016] SCSC 427
Parties
Petitioner: Hoda Dorothy Barallon (nee Rose); Respondent: Joey Ryan Barallon; Interested Party: Ministère Publique
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 June 2016
Case Number
MC 12/2016
Procedural Posture
Civil / Final Order
Outcome
petition granted
Legal Topics
Interdiction, Guardianship, Legal Capacity
Source Language
english
Mental Health Law Family Law Interdiction Guardianship Legal Capacity

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Summary, issues, holding and outcome

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Parties

Hoda Dorothy Barallon (nee Rose)

Petitioner

Joey Ryan Barallon

Respondent

Ministère Publique

Interested Party

Procedural Posture

Civil / Final Order

Legal Issues

  1. 1 Whether Joey Ryan Barallon should be interdicted under Article 489 of the Civil Code due to mental incapacity
  2. 2 Whether Hoda Dorothy Barallon is a fit and proper person to be appointed as guardian

Ratio Decidendi

The respondent suffers from irreversible mental and physical conditions that prevent him from managing his affairs, necessitating interdiction and appointment of a guardian. The petitioner is found fit and proper to act as guardian.

Court Disposition

petition granted

Orders

  • Respondent Joey Ryan Barallon is interdicted under Article 489 of the Civil Code.
  • Hoda Dorothy Barallon is appointed as guardian of the respondent’s person and property.