Welcome to the new SeyLII website. Enjoy an improved search engine and new collections. If you are used to accessing SeyLII via Google, note Google will take some time to re-index the site.

We are still busy migrating some of the old content. If you need anything in particular from the old website, it will be available for a while longer at https://old.seylii.org/

Court name
Supreme Court
Case number
71 of 2005

Ex Parte: Nibourette (71 of 2005) [2008] SCSC 25 (23 March 2008);

Media neutral citation
[2008] SCSC 25
Karunakaran, J






Ex Parte:

In the matter of:



Melisia Nibourette


Of La Digue Petitioner




Civil Side No: 71 of 2005


Ex Parte


Mr. W. Lucas for the Petitioner







In pursuance of an order made by the Honourable Chief Justice V. Alleear (as was he then) under Section 3 of the Presumption of Deaths Act, a Public Enquiry was held by the Learned Senior Magistrate Mr. Mutaki into the circumstances, under which one West Eugene Nibourette of La Digue, who is alleged to be dead, disappeared in sea.


Having thus held the said public enquiry the Learned Magistrate basing upon evidence on record, concluded that the said West Eugene Nibourette - born on 31st July 1953 - who disappeared in sea between La Digue and Island of Felicite on 3rd September 1980, should have died by drowning on the same day. Further, the Learned Magistrate has concluded that there could not have been any foul play behind his drowning.


I meticulously perused the depositions and the findings of the Learned Senior Magistrate on record. I concur with his findings and make the following declaration in terms of Section 5 of the Presumptions of Death Act.


I hereby declare that the disappeared Mr. West Eugene Nibourette of La Digue - who was born on the 31st of July 1953 and whose birth has been duly registered in Civil Status Register No. 0026 of 1953. L Sex: M - died in sea (Seychelles waters) on the 3rd September 1980.



Final order:



In pursuance of the above order, I direct the Registrar of the Supreme Court to cause service of the above declaration on the Chief Officer of the Civil Status, Victoria, Mahé Seychelles for necessary entries in the Register of Deaths. A copy of the order should also be served on Mr. W. Lucas, Learned Counsel for the petitioner.







D. Karunakaran


Dated this 24th day of March 2008