Ex parte FJ (XP 2 of 2024) [2024] SCSC 39 (15 March 2024)
- Citation
- [2024] SCSC 39
- Status
- Judgment
- Jurisdiction
- Seychelles
- Court
- Supreme Court
- Posture
- Ex Parte Application / Order
- Case number
- XP 2 of 2024
- Language
- English
More details
- Court
- Supreme Court
- Posture
- Ex Parte Application / Order
- Case number
- XP 2 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the petitioner was in a qualifying relationship with the deceased based on evidence of long-term cohabitation, joint property ownership, and children, satisfying the requirements of Article 761 of the Civil Code of Seychelles.
Court disposition
petition granted
Orders
- Petitioner declared to have been in a qualifying relationship with the deceased under Article 761 (1) of the Civil Code of Seychelles Act 2020
- Petitioner certified to apply to be appointed executor for the distribution of the assets of the deceased pursuant to Article 761 (2) read with Articles 745 to 787 of the Civil Code of Seychelles
02
Material facts
Parties
F J
PetitionerA (deceased)
Deceased03
Procedural history
Posture
Ex Parte Application / Order
04
Questions and positions
Legal issues
- 01
Whether the petitioner was in a qualifying relationship with the deceased under Article 761 of the Civil Code of Seychelles
- 02
Whether the petitioner is entitled to apply for appointment as executor for distribution of the deceased's assets
Party arguments
- Applicant
- The petitioner testified to having been in a relationship with the deceased for about 40 years, having two children together, jointly purchasing property, and sought a declaration of qualifying relationship under Article 761 of the Civil Code of Seychelles.
05
Court’s reasoning
Legal principles
- 01
Article 761 (1) and (2) of the Civil Code of Seychelles Act 2020
A person may be declared to have been in a qualifying relationship with a deceased under Article 761 of the Civil Code of Seychelles if evidence supports cohabitation and joint life.
- 02
Article 761 (2) read with Articles 745 to 787 of the Civil Code of Seychelles
A person declared to be in a qualifying relationship may apply to be appointed executor for distribution of the deceased's assets.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the petitioner was in a qualifying relationship with the deceased based on evidence of long-term cohabitation, joint property ownership, and children, satisfying the requirements of Article 761 of the Civil Code of Seychelles.
Court disposition
petition granted
- Petitioner declared to have been in a qualifying relationship with the deceased under Article 761 (1) of the Civil Code of Seychelles Act 2020
- Petitioner certified to apply to be appointed executor for the distribution of the assets of the deceased pursuant to Article 761 (2) read with Articles 745 to 787 of the Civil Code of Seychelles
Source and reliance status
Supreme Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court
Judgment
SUPREME COURT OF SEYCHELLES Repo,·ta ble XP02/2024 In the exparte of matter of:
EXPARTE F
J
PETITIONER Neutral Citation: Before: Summary: Heard: Delivered: Ex- Parte fl G. Dodin Judge Application 15th March 2024 15th March 2024 for declaration (XP02/2024) (15 March 2024) to be in a qualifying relationship
ORDER is declared to have been in a qualified relationship with The petitioner agreeably with Article 761 (1) of the Civil Code of Seychelles pursuant application Seychelles Act 2020. to Article 761 (2) read with Article 745 and 748 of the Civil Code of and may proceed with an
DODIN J [1] of Praslin, currently unemployed aged years old, testified that she was in a relationship with one but we've never married. They had two children together and they were together for about 40 years until his death in 2022. The deceased never declared the children either. [2] The Petitioner and the Deceased purchased jointly a property titled at Praslin. The death certificate and the certificate of official search for parcel was admitted as Exhibits. [3] The Petitioner moves the Court to declare that she was in a qualifying relationship with the deceased [4] The Petitioner's witness testified in support of the petition. She maintained that she is the brother of late A who was in a relationship with the Petitioner for the last48 years until his death in 2022. They have two sons together. [5] Learned Counsel moved the Court under Article 761 (1) and (2) of the Civil Code to declare Petitioner to be in aqua Iifyi ng relationsh ip with the deceased. [6] Having heard the evidence and studied the documents exhibited, I make the following order: i) I declare that the Petitioner was in a qualifying relationshipwith late deceased as provided by Article 761 (I) of the Civil Code of Seychelles Act and is certified to apply to be appointed executor for the distribution of the assets of the deceased pursuant to Article 761 (2) of the Code read with Articles 745 to 787 of the Code. Signed, dated and delivered at lie du Port on the 15th March 2024. 2
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