ex p Florentine (XP 10/2015) [2015] SCSC 28 (6 February 2015)

ex p Florentine (XP 10/2015) [2015] SCSC 28 (6 February 2015)

The court found no foul play in the death of the child and deemed it just, reasonable, and necessary to release the body to the parents without conducting a post-mortem examination.

Citation
[2015] SCSC 28
Parties
Applicant: Francois Henry Florentine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 February 2015
Case Number
XP 10/2015
Procedural Posture
Ex Parte Application / Order
Outcome
application granted
Legal Topics
Release of Body, Post Mortem Examination, Parental Rights
Source Language
English
Family Law Health Law Release of Body Post Mortem Examination Parental Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Francois Henry Florentine

Applicant

Procedural Posture

Ex Parte Application / Order

Legal Issues

  1. 1 Whether the body of the deceased child should be released to the parents without a post-mortem examination

Ratio Decidendi

The court found no foul play in the death of the child and deemed it just, reasonable, and necessary to release the body to the parents without conducting a post-mortem examination.

Court Disposition

application granted

Orders

  • The Health Authority/Commissioner of Health/Ministry of Health/any fit and proper person attached to the Ministry of Health having custody of the body is directed to release the body of the said child to the parents without conducting any post-mortem examination/autopsy on the body.