Gabrielle v Delcy & Ors (CS 90 of 2023) [2024] SCSC 47 (4 April 2024)

Dodin J,

1. The Plaintiff, Cliff George Gabrielle, brought a Plaint against the Defendants, Ronny Simon Delcy, Elsia Therese Delcy and Nicholas, Brian Florentine seeking the declaration of the Court that the late Jean, Rene Delcy who passed away on the 9^th November, 2022 (hereinafter referred as “the deceased”), was his father.
2. The 2^nd and 3^rd Defendants appeared in Court on the 4^th October, 2023 informed the Court that they will not be filing any defence in view that they accept the Plaintiff’s claim and were not contesting the Plaint. The 1^st Defendant informed the Court through his attorney that he was still considering the Plaint and that he would decide how to respond to it.
3. On the 28^th February, 2024, the 1^st Defendant appeared in person, having not filed any defence and informed the Court that he would not be contesting that Plaint although he would not do what his father has not done and he would leave that decision to the Court.     
4. On the 19^th March, 2024 the Plaintiff testified that he is a Bus Driver who was born on 24^th May 1980. The Plaintiff testified that his name is registered as Cliff, George Gabrielle with only the name of his mother, Josianne Gabrielle, also known as “Bernadette Josianne Gabriel”, appearing on his birth certificate.
5. The Plaintiff testified that Josianne Gabrielle, also known as “Bernadette Josianne Gabriel” is the surviving qualified partner of the late Jean Rene Delcy (“the deceased”) by having lived together for over forty-four years. The Plaintiff testified that his father is the late Jean Rene Delcy (“the deceased”), who died intestate on the 09^th November, 2022 at Victoria, Seychelles.
6. The Plaintiff further testified that Josianne Gabrielle, also known as “Bernadette Josianne Gabriel” and the late Jean Rene Delcy (“the deceased”) are the biological parents of the 1^st and 2^nd Defendants. The 3^rd Defendant is also the biological son of the deceased duly acknowledged by the deceased by way of a notarial deed dated 31^st October, 2012 and registered on the 14^th December of 2012, Register B35 No. 411.
7. The Plaintiff testified that on the 11^th May, 2023 he obtained results of a DNA relationship testing, which concluded that it is “Practically Proven” that he is the Biological Nephew of Therese Delcy, the sister of the deceased which DNA result gives a probability of kinship to the deceased of 99.9978%.
8. The Plaintiff further testified that he is and has always been recognised as the son of the deceased by society at large and that he enjoyed the normal father and son relationship with the deceased.
9. The Plaintiff hence moved the Court to declare Jean Rene Delcy (“the deceased”) to be his father and .to order the Chief Civil Status Officer to amend the Birth Register and the Birth Certificate of the Plaintiff accordingly.
10. Having heard the uncontroverted testimony of the Plaintiff and viewed all the birth, death and notarial declaration certificates and DNA test report submitted as exhibits, I am satisfied that all the evidence lives no doubt that the Plaintiff is the biological son of the late Jean Rene Delcy, deceased.
11. Consequently, I hereby declare that the Plaintiff, Cliff George Gabrielle is the biological child of the late Jean Rene Delcy (deceased) and hence that the deceased Jean Rene Delcy is the lawful father of the Plaintiff.
12. I further order the Chief Officer of the Civil Status to amend the Birth Register and the Birth Certificate of the Plaintiff to enter the name of Jean Rene Delcy as the father of the Plaintiff.
13. The Plaintiff may also adopt the surname of Delcy if he so desires after completing the necessary formalities.

Signed, dated and delivered at Ile du Port on this 05 day of April 2024.

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G Dodin

Judge