DM v SN (CS59/2019) [2019] SCSC 1280 (9 September 2019)

DM v SN (CS59/2019) [2019] SCSC 1280 (9 September 2019)

The Plaintiff, having formally recognized the child and being her guardian, has standing to bring the action. The evidence, including the birth certificate, acknowledgment deed, and text messages, establishes sufficient coincidence of facts to declare the Plaintiff as the natural father. The child's birth...

Source-derived case information.

Citation
[2019] SCSC 1280
Parties
Plaintiff: Dereck Marimba; Child: Grace Nicette; Defendant: Unnamed Defendant (Mother)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 September 2019
Case Number
CS59/2019
Procedural Posture
Civil (paternity) / Judgment
Outcome
Plaintiff's claim allowed
Legal Topics
Paternity, Child Status, Standing, Birth Certificate Rectification
Source Language
english
Family Law Civil Procedure Paternity Child Status Standing Birth Certificate Rectification

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dereck Marimba

Plaintiff

Grace Nicette

Child

Unnamed Defendant (Mother)

Defendant

Procedural Posture

Civil (paternity) / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is the natural father of the child
  2. 2 Whether the Plaintiff has standing to bring an action en recherche de paternite naturelle
  3. 3 Whether the child's birth certificate should be rectified

Ratio Decidendi

The Plaintiff, having formally recognized the child and being her guardian, has standing to bring the action. The evidence, including the birth certificate, acknowledgment deed, and text messages, establishes sufficient coincidence of facts to declare the Plaintiff as the natural father. The child's birth certificate should be rectified accordingly.

Court Disposition

Plaintiff's claim allowed

Orders

  • The child is declared the natural daughter of the Plaintiff, Dereck Marimba.
  • The Chief Officer of Civil Status is ordered to rectify the child's Act of Birth to reflect this judicial recognition and amend her surname to Marimba.