Belle v Labaleine & Ors (CS 13/2013) [2017] SCSC 934 (9 October 2017)

Belle v Labaleine & Ors (CS 13/2013) [2017] SCSC 934 (9 October 2017)

There is a sufficient coincidence of facts indicating the relationship of descent and parenthood between the plaintiff and the deceased, satisfying the requirements of articles 340 and 321 of the Civil Code. The plaintiff is therefore declared the natural son of Philiphe Labaleine.

Citation
[2017] SCSC 934
Parties
Plaintiff: Patrick Evans Belle; First Defendant: Susan Labaleine; Second Defendant: Agnes Port-Louis; Third Defendant: Lucille Labaleine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 October 2017
Case Number
CS 13/2013
Procedural Posture
Civil / Judgment
Outcome
Plaintiff declared natural son of the deceased; rectification of birth record ordered; no order as to costs.
Legal Topics
Paternity, Possession D’état, Rectification of Birth Records, Illegitimacy, Inheritance Rights
Source Language
English
Family Law Succession Law Paternity Possession D’état Rectification of Birth Records Illegitimacy Inheritance Rights

Case Brief

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Parties

Patrick Evans Belle

Plaintiff

Susan Labaleine

First Defendant

Agnes Port-Louis

Second Defendant

Lucille Labaleine

Third Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the natural son of the late Philiphe Labaleine under article 340 and 321 of the Civil Code of Seychelles
  2. 2 Whether there is sufficient coincidence of facts indicating descent and parenthood (possession d’état)

Ratio Decidendi

There is a sufficient coincidence of facts indicating the relationship of descent and parenthood between the plaintiff and the deceased, satisfying the requirements of articles 340 and 321 of the Civil Code. The plaintiff is therefore declared the natural son of Philiphe Labaleine.

Court Disposition

Plaintiff declared natural son of the deceased; rectification of birth record ordered; no order as to costs.

Orders

  • Plaintiff is declared the natural son of Philiphe Labaleine.
  • Chief Officer of the Civil Status to rectify plaintiff's Act of Birth accordingly.