Faure v Sultan (born Faure) (CS 130/2020) [2021] SCSC 1028 (22 October 2021)

Given the insufficiency of statutory remedies due to passage of time and lack of available witnesses, the court exercised its equitable jurisdiction to declare the Plaintiff the biological child of Andrine Faure and ordered registration of his birth to prevent injustice and statelessness.

Citation: [2021] SCSC 1028
Parties: Plaintiff: Peter Faure; Defendant: Gemma Sultan (born Faure)
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 22 October 2021
Case Number: CS 130/2020
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's claim allowed
Legal Topics: Registration of Birth, Proof of Maternal Descent, Equitable Jurisdiction, Citizenship, Social Security Benefits
Source Language: English

Civil Procedure Equity Family Law Registration of Birth Proof of Maternal Descent Equitable Jurisdiction Citizenship Social Security Benefits

Case Brief

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Parties

Peter Faure

Plaintiff

Gemma Sultan (born Faure)

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Plaintiff is the biological child of Andrine Faure
2 Whether the Plaintiff can be registered in the acts of birth as the child of Andrine Faure

Ratio Decidendi

Court Disposition

Plaintiff's claim allowed

Orders

Declaration that Peter Milton Faure is the biological child of Andrine Faure (also known as Marie Andrina Faure and Andrina Faure)
Order for registration of Peter Milton Faure's birth in the acts of birth of the Civil Status