Exparte Rose (MA 312.2013) [2014] SCSC 55 (03 February 2014);

 

Order on application

karunakaran J

[1]               This is an application for a declaration of death filed under Section 4 and 5 of the Presumption of Deaths Act.  The Applicant is the sister of one Vincent Anderson who allegedly disappeared at sea on the Coast of Coetivy Island on the 8th of June 2005 and since then he was nowhere to be seen.

[2]               The Applicant petitioned the Supreme Court in Civil Side No. 74 of 2006 to hold an enquiry with the view to establish the circumstances under which the said Vincent Anderson disappeared.  The Supreme Court appointed the Learned Magistrate Mr. Brasel Adeline to hold an enquiry.  Upon completion of the enquiry, learned Magistrate concluded that the said Vincent Anderson drowned at sea and died on the same day of disappearance. 

[3]               On the strength of the findings and the conclusion reached by the learned Magistrate I hereby declare that Vincent, Gerard Anderson, who was born on the 24th day of September 1984 and whose birth is registered in the Civil Status Register No. 1178 of 1984.C is dead.   Accordingly, I direct the Chief Officer of the Civil Status to register his death which deemed to have occurred on the 8th of June 2005.

[4]               Orders made accordingly.  The file is closed.

 

Signed, dated and delivered at Ile du Port on 3 February 2014

D.Karunakaran

Judge of the Supreme Court