Ex Parte: Nibourette (71 of 2005) [2008] SCSC 25 (23 March 2008)

Ex Parte: Nibourette (71 of 2005) [2008] SCSC 25 (23 March 2008)

Based on the evidence from the public enquiry and the findings of the Senior Magistrate, the court concluded that West Eugene Nibourette drowned at sea on 3rd September 1980 and there was no foul play.

Citation
[2008] SCSC 25
Parties
Petitioner: Melisia Nibourette; Subject of Declaration: West Eugene Nibourette
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 March 2008
Case Number
71 of 2005
Procedural Posture
Presumption of Death Application / Declaration After Public Enquiry
Outcome
Declaration of death granted
Legal Topics
Presumption of Death, Registration of Deaths
Source Language
English
Probate Family Law Presumption of Death Registration of Deaths

Case Brief

Summary, issues, holding and outcome

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Parties

Melisia Nibourette

Petitioner

West Eugene Nibourette

Subject of Declaration

Procedural Posture

Presumption of Death Application / Declaration After Public Enquiry

Legal Issues

  1. 1 Whether West Eugene Nibourette should be presumed dead under the Presumption of Deaths Act

Ratio Decidendi

Based on the evidence from the public enquiry and the findings of the Senior Magistrate, the court concluded that West Eugene Nibourette drowned at sea on 3rd September 1980 and there was no foul play.

Court Disposition

Declaration of death granted

Orders

  • Registrar to serve declaration on Chief Officer of Civil Status for entry in Register of Deaths
  • Copy of order to be served on petitioner's counsel