Alice v Alice & Ors (MC 04 of 2025) [2025] SCSC 57 (3 April 2025)

SUPREME COURT OF SEYCHELLES ~o!·table MC04/2025 Applicant 15tRespondent 2nd Respondent In the matter between HILDA PAULETTE ALICE (rep. by Ms. Vanessa Gill) And PATRICK ALICE THE ATTORNEY GENERAL OF THE LINK BUILDING, ILE DU PORT, SEYCHELLES. (rep. by Ms. Marie) Neutral Citation: Before: Summary: Heard: Delivered: Hilda Paulette Alice VISPatrick Alice and Ors (MC04/2025) 3rd April 2025 D. Esparon J Application to have the Respondent guardian 4thMarch 2025 3rd April 2025 interdicted and for the appointment of a ORDER Application to have the 1st Respondent interdicted and for the appointment of a Guardian - Order granted- The Respondent is accordingly interdicted and the petitioner is appointed as the guardian of the 1SI Respondent RULING Esparon J In troduction [1]. This is the Humble petition of the petitioner pursuant to section 489 of the Civil Code of Seychelles Act seeking an order of interdiction from this Court against the 1st Respondent Patrick Alice and for the Petitioner to be appointed as his guardian. The Pleadings [2]. The Petition is supported by the Affidavit sworn by the Petitioner Hilda Paulette Alice who avers Inter- Alia in her Affidavit the following; 2) that Paul Alice is my brother and J have been his primary caregiver since he was 24 years old. 3) that my brother is not married and does not have any children. 4) that my brother Paul Alice suffersfrom Bipolar type J Affective disorder, hypertension, Diabetes, mellitus and blindness. 5) that my brother is 53 years of age. A recent medical report has revealed that he is currently infull remission for Bipolar type J Affective disorder, however, it is still essential for him to continue his treatment indefinitely as relapses are possible. 6) By reason of my brother's medical condition, he is unable to manage his own affairs 7) That J am prepared and willing to manage the affairs of my brother, whether legal or otherwise and to provide for his care. 8) I sufferfrom no impediment preventing mefrom managing and taking care a/my brother and I'm willing to be his Guardian. The evidence [3] [4] The Petitioner, Paulette Alice has given evidence to the fact that she lives with her 53- year-old brother Patrick Alice and produced the said birth certificate of the 1st Respondent exhibit and marked it as exhibit P 1. She also testified that the Respondent has been living with her since birth and that she has been the primary care giver to him since he was 24 years of age. to confirm the same of which the Court admitted the said document as She also gave evidence that her brother suffers from Bipolar type I Affective disorder, hypertension, diabetes, mellitus and blindness and that he is currently on medication and in view of the medical report, the Respondent needs permanent guidance and support and that it is necessary that he be interdicted of which she does not suffer from any impediment that prevents her from managing and taking care of him. [5] She also gave evidence, aggressive however despite that he is her brother and takes care of him. that in view of his brother's medical condition he can get [6] in charge of the Mental Health Services gave Dr. Daniella Malulu being a consultant evidence in Court of which she corroborated her evidence by the production of a medical report regarding the Respondent and the Court admitted and marked the said document as exhibit P2. According to her, the Respondent Patrick Alice had been diagnosed with Bipolar Type I Affective Disorder and is currently in full remission. Dr. Malulu gave evidence that patients suffering from such may require varying degrees of support hom their nominated representative to make informed decisions. The doctor was of the opinion that the Respondent will need ongoing support from his family and that it is important important that the Respondent have a nominated representative to act on his behalf in all life decisions. The law [7] This Court hereby reproduces Seychelles Act, 2020; the following relevant provisions of the Civil Code of '489. (1) An adult who, because of a mental or physical condition or otherwise, is unable to look after his or her own interests orproperly fulfil family obligations, may be interdicted. 490. (1) Proceedings for interdiction or supervision shall be commenced in the court by petition. (2) Theproceedings may be entered by - a. any relative of theperson whose interdiction or supervision is sought; or b. a spouse with regard to the other spouse,·or c. the Attorney-General. 505. (1) The court may appoint a guardian to a person who is interdicted or subject to a supervision order. (2) Such appointment may be made in thejudgment of interdiction or supervision or at any later time '. Analysis and determination [8] As a result of the uncontroverted evidence led by the Petitioner in this matter as well as the evidence of Or. Daniella Malulu being the medical evidence, this court finds that the 1SI Respondent Patrick Alice should be interdicted in view of the mental condition of the 1st Respondent who has been diagnosed with Bipolar type I Affective disorder, hypertension, Diabetes mellitus and blindness by a medical practitioner and as such is unable to look after his own interests. [9] Further, as a result of the above, this COUli is of the view that a guardian should be appointed for the 1st Respondent Patrick Alice and that since the Petitioner is the sister of and has been taking care of him since the age of 24 years' with such the Respondent medical conditions, for this Court to appoint the Petitioner Hilda Paulette Alice as his guardian. this Court finds that it is in the best interest of the Respondent [10] As a result of the above, this COUlimakes the following Orders: i) ii) iii) I Order that the I" Respondent Patrick Alice is accordingly interdicted. ] hereby appoint Respondent namely Patrick Alice. the Petitioner Hilda Paulette Alice as the guardian of the I hereby Order the Registrar of the Supreme Court to serve a copy of this Order on the following persons; a) The I" Respondent Patrick Alice ofTakamaka, Mahe, Seychelles. b) The Registrar General as Registrar of Lands and Registrar of companies. Signed, dated and delivered He du Port on the 3rd April 2025. D. Esparon J