Ex Parte: Octobre (MC 40 of 2024) [2024] SCSC 195 (29 November 2024)

Ex Parte: Octobre (MC 40 of 2024) [2024] SCSC 195 (29 November 2024)

The petitioner, as a relative, has locus standi and has provided sufficient grounds under the Presumption of Deaths Act to warrant a public enquiry, as the subject has been missing for 34 years with no evidence of life or death, and formal proof of death is not possible.

Citation
[2024] SCSC 195
Parties
Petitioner: Maria Octobre; Subject of Enquiry: Marie-Therese Jeannie Bibi nee Emmanuel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 November 2024
Case Number
MC 40 of 2024
Procedural Posture
Presumption of Death Petition / Order on Application for Public Enquiry
Outcome
Petition allowed
Legal Topics
Presumption of Death, Missing Persons, Public Enquiry
Source Language
English
Probate Family Law Presumption of Death Missing Persons Public Enquiry

Case Brief

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Parties

Maria Octobre

Petitioner

Marie-Therese Jeannie Bibi nee Emmanuel

Subject of Enquiry

Procedural Posture

Presumption of Death Petition / Order on Application for Public Enquiry

Legal Issues

  1. 1 Whether sufficient grounds exist to order a public enquiry into the disappearance and presumed death of Marie-Therese Jeannie Bibi nee Emmanuel

Ratio Decidendi

The petitioner, as a relative, has locus standi and has provided sufficient grounds under the Presumption of Deaths Act to warrant a public enquiry, as the subject has been missing for 34 years with no evidence of life or death, and formal proof of death is not possible.

Court Disposition

Petition allowed

Orders

  • A Magistrate approved by the Minister shall hold a public enquiry into the circumstances of the disappearance of Marie-Therese Jeannie Bibi nee Emmanuel.
  • The Magistrate shall summon the Commissioner of Police or delegate to produce the occurrence book and any docket file relating to the disappearance from Baie Lazare Police Station for the year 1989.