Ex. P Louis Bristol (XP 111/2016) [2017] SCSC 152 (20 February 2017);

Headnote and Holding: 

Application granted for an interdiction order regarding an 80 year old woman living with Alzheimer and high blood pressure in teh late stage of her illness and dependent for her care and daily living. The application was supported by a medial report and a social services report both of which favoured the granting of the application.

Nunkoo J

 

[1]       Applicant, Louis Bristol, has applied to this court seeking for an interdiction order in respect of his mother, who is now 80 years.

[2]       The matter came before me for the first time on 14 September 2016. Mr France Bonte stood for the applicant and the Ministere Public was represented by State Counsel Ms Gonthier.

[3]       The brother of applicant put in appearance and said to the court that he was objecting to the application. He needed time to retain legal services. The matter was adjourned to 28 September 2016.

[4]       On 28 September the Court made an order for a social enquiry report and the matter was adjourned to 4th of November 2016. The Court was informed that the Social services would need more time and the matter was fixed to 2 December. The Report was filed. The brother was present but unrepresented.

[5]       Matter was adjourned to 16 January as Court needed time to consider.

[6]       When the matter was called on 16 January court was informed that the brother of applicant who was yet to obtain counsel and come forward with his objections had passed away.

[7]       Court adjourned to give itself more time to consider.

[8]       I am in presence of the relevant documents in this matter. There is a medical certificate from Dr Nadia Mozo Estevez, Senior Medical Registrar (Psychiatrist) who has certified that the mother suffers from Alzheimer as well as high blood pressure. The doctor has also stated that she is in a late stage of her illness and that she is dependent and needs care and support in her daily living.

[9]       The social services report is in favour of an interdiction order.

[10]     On the strength of these reports I grant the application and hereby make the interdiction order and also order that the applicant be appointed as guardian.

 

 

 

 

Signed, dated and delivered at Ile du Port on 20th of February 2017.

 

S. Nunkoo

Judge of the Supreme Court