Esparon v Low Wah & Ors. (CS 63/2016) [2017] SCSC 866 (28 May 2017)

The Plaintiff's evidence, corroborated by witnesses and the funeral booklet, established possession of status as the son of the Deceased under Articles 321 and 340 of the Civil Code. The Defendants' explanations were not credible, and the Plaintiff was recognized as the Deceased's son by the family and community.

Citation: [2017] SCSC 866
Parties: Plaintiff: Francis Esparon; 1st Defendant: Marjorie Low Wah; 2nd Defendant: Kenneth Low Wah; 3rd Defendant: Billy Low Wah
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 28 May 2017
Case Number: CS 63/2016
Procedural Posture: Civil / Judgment
Outcome: Plaintiff declared biological son of the Deceased.
Legal Topics: Paternity, Possession of Status, Civil Code Interpretation
Source Language: English

Family Law Paternity Possession of Status Civil Code Interpretation

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Parties

Francis Esparon

Plaintiff

Marjorie Low Wah

1st Defendant

Kenneth Low Wah

2nd Defendant

Billy Low Wah

3rd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Plaintiff is the biological son of the Deceased under the Civil Code provisions on possession of status and paternity.

Ratio Decidendi

Court Disposition

Plaintiff declared biological son of the Deceased.

Orders

Plaintiff is declared the biological son of William Low Wah, also known as Liu Yao Hua.
Chief Officer of Civil Status to rectify the Plaintiff’s Act of Birth accordingly.