IN THE SUPREME COURT OF SEYCHELLES
Civil Side: XP169/2018
[2018] SCSC 1103
IN THE MATTER OF CHANTALE RUTH BIJOUX NEE BENOITON
Counsel: Ms. Tania Thyroomooldy for the Applicant
Delivered: 5th December 2018
ORDER
B. Adeline, Master
[1] This is an application by petition, for the appointment of Chantal, Ruth Bijoux nee Benoiton, the Applicant, as executrix to the succession of the late Bertrand, Jean-Marc Bijoux who died intestate on the 15th July 2018 at Boksburg, South Africa. The application is made by virtue of Section 1026 of the Civil Code of Seychelles Act, CAP 33, and is supported by an affidavit duly sworn by the Applicant to which there are attached other relevant documents in compliance with the requirements of Practice Direction No 1 of 1989.
[2] On account of the affidavit evidence and the relevant documentary evidence tendered before this Court as exhibits, I am satisfied, that as per the Certificate of Death pertaining to Register No 396 of 2018. C, Bertrand Jean-Marc Bijoux (hereinafter called “the deceased”) died on the 15th July 2018, proof of which is the Certificate of Death tendered as exhibit P1.
[3] I am also satisfied, that the deceased is survived by his heirs who are;
(i) his mother, Chantale, Ruth Bijoux nee Benoiton, the Applicant, and
(ii) his father, Gerard, Pascal Bijoux. Proof of same is the deceased’s Certificate of Birth tendered as exhibit P2.
[4] I am further satisfied, that the other heir, Gerard, Pascal Bijoux, has in writing, expressly conveyed his consent to the appointment of the Applicant as executrix to the estate of the deceased. The Applicant tendered in evidence Mr. Bijoux’s written consent as exhibit P3.
[5] I am satisfied, that at the time of his death, the deceased owned moveable properties in Seychelles, namely;
(i) A Seychelles Rupee Savings Account Number 00000348608 held with the Mauritius Commercial Bank (Seychelles) limited, and
(ii) A Seychelles Rupee Savings Account, number 0104035280 held with Barclays Bank (Seychelles) Limited.
[6] I am further satisfied, that the Applicant suffers no impediment, and is not subject to any legal incapacity to be appointed as executrix to the succession of the deceased, and to carry out the duties of an executrix as laid down by law, more particularly, under Section 1027 of the Civil Code of Seychelles Act, CAP 33.
[7] I therefore grant the Application, and accordingly, I appoint Chantale, Ruth Bijoux nee Benoiton of Anse Royale, Mahé as executrix to the estate of the deceased, Bertrand, Jean-Marc Bijoux.
Signed, dated and delivered at Ile du Port on 5th December
B. Adeline
Master of the Supreme Court