Ex parte Quatre & Anor (XP 62 of 2022) [2022] SCSC 978 (26 September 2022)

SUPREME COURT OF SEYCHELLES

Reportable

[2022] SCSC

XP62/2022

In the matter of:

EX PARTE: YOUTLIE MICHEL QUATRE

JOUBERT JULES QUATRE

(rep. by France Bonte)

Neutral Citation: Ex Parte: Youtlie Quatre & Anor [2022] SCSC ……… XP62/2022

Before: Dodin J

Heard:

Delivered: 26 September 2022

ORDER

DODIN J

1. The Applicants Youtlie Michel Quatre and Joubert Jules Quatre have sworn affidavits that they are the children of the late Therese Esilda Quatre and Philip Rameau Justin Marie both now deceased on the 15^th February 2019 and 23^rd May 2009 respectively. They both swear that Philip Rameau Justin Marie and Therese Esilda Quatre lived together in concubinage for over 51 years out of which relationship Youtlie Michel Quatre was born on the 22^nd day of June 1972 and Joubert Jules Quatre was born on 22^nd September 1970.

2. Evana Quatre, the sister of Therese Esilda Quatre, Jocelyn Quatre and Daphne Isaac the cousins of Therese Esilda Quatre, also swore affidavits attesting to the birth of the Applicants and that they were brought up by Philip Rameau Justin Marie as their father.

3. They further swore that the community of Anse Gaulette, Baie Lazare have always treated Philip Justin Marie as the father of the Applicants and the Applicants have always been treated as the children of the late Philip Rameau Justin Marie and Therese Esilda Quatre.

4. Having carefully studied the documents submitted in support of the application, I note that the certificate (Act) of birth did not record any person as the father of the Applicants.

5. I note also that Article 340 (3) of the Civil Code of Seychelles Act which provided for a prescription period of 5 years of coming of age of the child or 1 year from the date of death of the putative father have now been repealed by the Civil Code of Seychelles Act 2020.

6. Further Article 380 (1) of the Civil Code of Seychelles Act 2020 provides that there is no prescription of the right of a child to establish his or her parenthood.

7. Having considered all the above, I hereby declare that:

1. Youtlie Michel Quatre born on the 22^nd day of June 1972; and Joubert Jules Quatre born on the 22^nd September 1970 are the children of the late Philip Rameau Justin Marie.

2. I order that the Acts of birth of the Applicants are amended by inserting the name Philip Rameau Justin Marie as father’s name of the Applicants.

3. The Applicants may subsequently take the surname Marie should they so wish.

4. The Chief Executive Officer of Civil Status is hereby directed to make effective the above orders accordingly.

Signed, dated and delivered at Ile du Port on 26^th September 2022

____________

G. Dodin J