Rose v Lebon (MC 61/2018) [2018] SCSC 8302 (22 October 2018)

The respondent is interdicted based on unchallenged medical evidence of mental retardation and behavioural disorder, and the petitioner is appointed guardian in his best interest.

Citation: [2018] SCSC 8302
Parties: Petitioner: Bella Marie Fatima Rose; Respondent: Ian Yannick Lebon; Interested Party: Ministere Publique
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 22 October 2018
Case Number: MC 61/2018
Procedural Posture: Civil / Order
Outcome: petition granted
Legal Topics: Interdiction, Guardianship, Mental Incapacity
Source Language: English

Mental Health Law Family Law Interdiction Guardianship Mental Incapacity

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Bella Marie Fatima Rose

Petitioner

Ian Yannick Lebon

Respondent

Ministere Publique

Interested Party

Procedural Posture

Civil / Order

Legal Issues

1 Whether the respondent should be interdicted due to mental incapacity
2 Whether the petitioner should be appointed as guardian

Ratio Decidendi

The respondent is interdicted based on unchallenged medical evidence of mental retardation and behavioural disorder, and the petitioner is appointed guardian in his best interest.

Court Disposition

petition granted

Orders

Respondent interdicted under Article 489 of the Civil Code of Seychelles
Petitioner appointed as guardian of the respondent