Hortence & Ors v Revera (XP 36 of 2023) [2024] SCSC 75 (27 May 2024)

Hortence & Ors v Revera (XP 36 of 2023) [2024] SCSC 75 (27 May 2024)

On a balance of probabilities, the petitioners are the biological children of the deceased by possession of status as provided in the Civil Code.

Citation
[2024] SCSC 75
Parties
Petitioner: Josianne Margaret Hortence; Petitioner: Paul Michael Hortence; Petitioner: Jones Alex Hortence; Witness: Rita Hortence; Subject: Wilhem John Reverra (Deceased); Respondent: 1st Respondent; Respondent: 2nd Respondent; Respondent: 3rd Respondent; Respondent: 4th Respondent; Respondent: 5th Respondent; Respondent: 6th Respondent
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 May 2024
Case Number
XP 36 of 2023
Procedural Posture
Petition / Judgment
Outcome
petition granted
Legal Topics
Paternity, Succession, Civil Status, Parentage Declaration
Source Language
English

Case Brief

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Parties

Josianne Margaret Hortence

Petitioner

Paul Michael Hortence

Petitioner

Jones Alex Hortence

Petitioner

Rita Hortence

Witness

Wilhem John Reverra (Deceased)

Subject

1st Respondent

Respondent

2nd Respondent

Respondent

3rd Respondent

Respondent

4th Respondent

Respondent

5th Respondent

Respondent

6th Respondent

Respondent

Procedural Posture

Petition / Judgment

  1. 1 Whether the petitioners are the biological children of Wilhem John Reverra under the Civil Code of Seychelles

Ratio Decidendi

On a balance of probabilities, the petitioners are the biological children of the deceased by possession of status as provided in the Civil Code.

Court Disposition

petition granted

Orders

  • Chief Officer of Civil Status to amend the register of the Act of Birth to reflect the petitioners as biological children of Wilhem John Reverra
  • A copy of the judgment to be served on the Chief Officer of Civil Status