Ex Parte: Azemia (190 OF 2009) [2010] SCSC 13 (16 May 2010)

Ex Parte: Azemia (190 OF 2009) [2010] SCSC 13 (16 May 2010)

The court found that mortgaging the property to raise SR 100,000 is in the interests of the minors, as it enables completion of a house that serves as both an investment and a possible home for them. Authorization is granted under Article 457 of the Civil Code of Seychelles.

Citation
[2010] SCSC 13
Parties
Applicant: Catherine Wesline Azemia
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 May 2010
Case Number
190 OF 2009
Procedural Posture
Civil / Ruling
Outcome
Application granted
Legal Topics
Guardianship, Mortgage of Minor's Property, Court Authorization
Source Language
English
Family Law Property Law Guardianship Mortgage of Minor's Property Court Authorization

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Parties

Catherine Wesline Azemia

Applicant

Procedural Posture

Civil / Ruling

Legal Issues

  1. 1 Whether the applicant should be authorized to mortgage property co-owned with her minor children to raise additional funds for house completion

Ratio Decidendi

The court found that mortgaging the property to raise SR 100,000 is in the interests of the minors, as it enables completion of a house that serves as both an investment and a possible home for them. Authorization is granted under Article 457 of the Civil Code of Seychelles.

Court Disposition

Application granted

Orders

  • Applicant authorized to mortgage land C 2326 to a bank operating in Seychelles to raise SR 100,000 for house completion