Ex Parte Uzice (XP 47 of 2022) [2022] SCSC 1097 (23 March 2022)

SUPREME COURT OF SEYCHELLES

Reportable

[2022] SCSC ………

EXP 47/22

In the ex parte matter of:

EX PARTE: SHAREL CYNTHIA UZICE

Neutral Citation: Ex Parte: Sharel Cynthia (EXP 47/22) [2022] SCSC ……….. (23^rd March 2022).

Before: Pillay J

Summary: Rectification of Act of Birth

Heard: 21^st March 2022

Delivered: 23^rd March 2022

ORDER

The Petition is allowed and I order the Chief Civil Status Officer to rectify Civil Status Register No. 0461 of 1976. C. and amend the names of the mother to read MARIE MERIA PRECILLA UZICE.

The Registrar shall notify the Chief Civil Status Officer of this order.

JUDGMENT

PILLAY J

1. This is an application for rectification of the birth certificate of Sharel Cynthia Uzice born on 19^th April 1976 registered in the Civil Status Register No. 0461 of 1976.C.

2. The Petitioner avers that she is the daughter of Marie Meria Precilla Uzice whose birth is registered in Civil Status Register No. 98 of 1956.C.

3. She further avers that on her own birth certificate the name of her mother is wrongly and erroneously entered as Marie Maria Priscilla Uzice instead of Marie Meria Precilla Uzice.

4. Rectifications of registers of births are made pursuant to section 100 of the Civil Status Act which provides that:

A judge may, upon the written application of the Chief Officer of the Civil Status or any party, order the amendment without any fee, stamp or registration due of any act whenever such judge shall be satisfied that any error has been committed in any such act or in the registration thereof. Nothing herein contained shall prevent any interested person from asking by action before the Supreme Court for the rectification or cancellation of any act.

5. It is noted that on 31^st October 2011 Chief Justice N’tende heard a similar application made by the Applicant and made an order allowing the application and ordering the Civil Status Officer to amend the Civil Status Register Number 0461 of 1976 (C) to rectify the names of the Applicant’s mother to read “Marie Maria Priscilla Uzice” from “Sheila Uzice”.

6. On the basis of the above the Petition is allowed and I order the Chief Civil Status Officer to rectify Civil Status Register No. 0461 of 1976. C. and amend the names of the mother to read MARIE MERIA PRECILLA UZICE.

7. The Registrar shall notify the Chief Civil Status Officer of this order.

Signed, dated and delivered at Ile du Port on ……………………………………………….

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Pillay J