Simara & Ors v Bonne & Ano (CS 42/2018) [2018] SCSC 8205 (5 July 2018)
The Plaintiffs' action was filed outside the statutory time limit prescribed by Article 340 alinea 3(b), and the prior application for appointment of executor did not interrupt prescription as it was not pertinent to the action to declare paternity.
- Citation
- [2018] SCSC 8205
- Parties
- Plaintiff: Francis Simara; Plaintiff: Dan Jean-Paul Simara; Plaintiff: Ron Mervin Aubrey Simara; Plaintiff: Lindy Samantha Jean; Defendant: Philippe Bonne; Defendant: Antoine Bonne
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 5 July 2018
- Case Number
- CS 42/2018
- Procedural Posture
- Civil / Judgment
- Outcome
- Dismissed
- Legal Topics
- Paternity Declaration, Prescription, Illegitimate Children, Executor Appointment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Francis Simara
Plaintiff
Dan Jean-Paul Simara
Plaintiff
Ron Mervin Aubrey Simara
Plaintiff
Lindy Samantha Jean
Plaintiff
Philippe Bonne
Defendant
Antoine Bonne
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the Plaintiffs' action to be declared children of the deceased was time-barred under Article 340 of the Civil Code of Seychelles
- 2 Whether the filing of an application for appointment of executor interrupted prescription under Article 340
Ratio Decidendi
The Plaintiffs' action was filed outside the statutory time limit prescribed by Article 340 alinea 3(b), and the prior application for appointment of executor did not interrupt prescription as it was not pertinent to the action to declare paternity.
Court Disposition
Dismissed
Orders
- The application is dismissed.
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