Sabadin v Moustache & Ors (CS 104/2016) [2018] SCSC 8176 (27 May 2018)

The plaintiff established, through uncontested evidence and corroborating affidavit, sufficient coincidence of facts indicating possession of status as the son of the deceased, satisfying the legal requirements for recognition of paternity under the Civil Code.

Citation: [2018] SCSC 8176
Parties: Plaintiff: Dave Sabadin; First Defendant: Bernard Moustache; Second Defendant: Sylvanie Confiance; Third Defendant: Eugenia Ally; Fourth Defendant: Lauretta Port Louis; Fifth Defendant: Jency Moustache
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 27 May 2018
Case Number: CS 104/2016
Procedural Posture: Civil / Judgment (ex Parte)
Outcome: Judgment for the plaintiff
Legal Topics: Paternity, Status of Children, Birth Registration
Source Language: English

Family Law Civil Procedure Paternity Status of Children Birth Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Dave Sabadin

Plaintiff

Bernard Moustache

First Defendant

Sylvanie Confiance

Second Defendant

Eugenia Ally

Third Defendant

Lauretta Port Louis

Fourth Defendant

Jency Moustache

Fifth Defendant

Procedural Posture

Civil / Judgment (ex Parte)

Legal Issues

1 Whether the plaintiff is the biological child of the late Martial Moustache
2 Whether the plaintiff is entitled to have his paternity recognized and recorded in the birth certificate

Ratio Decidendi

Court Disposition

Judgment for the plaintiff

Orders

Plaintiff Dave Sabadin is recognized as the natural son of the late Martial Moustache
Chief Executive Officer of Civil Status to record this fact in the plaintiff’s birth certificate