Rose v Lebon (MC 61/2018) [2018] SCSC 8302 (22 October 2018)

IN THE SUPREME COURT OF SEYCHELLES Civil Side: MC 6112018 [2018] sese C1 q 3> BELLA MARIE FATIMA ROSE Petitioner versus IAN Y ANNICK LEBO:\! Respondent Heard: Counsel: 23 October 2018 Ms Pool for petitioner Mrs Cesar for the Ministere Publique Delivered: 23 October 2018 ORDER .:vI. Twomey, CJ [1] This is a petition for the interdiction ofIan Yannick Lebon (Respondent) ofBelonie. Mahe Seychelles pursuant to Article 489 of the Civil Code of Seychelles. [2] The Petitioner has deponed that she is the mother of the Respondent, that he resides with her and that she is responsible for his wellbeing and care. She has testified that her son has been diagnosed with mental retardation and has behavioural disorder and is incapable of conducting or looking after his own affairs. [3] He is in receipt of disability benefit under the Social Security fund and has a policy of insurance in regards to his health care from SACOS. [4] The Respondent was examined by a psychiatrist Doctor Lissa Kissubi initially on 12thApril 2011 and again on 13th August 2018. The medical report confirms his mental retardation and behavioural disorder with a prognosis that he can remain mentally stable if he continues his treatment. The medical report does not indicate that the Respondent will get better or that there will be a reversal of his condition. [5] The Court has heard the views of the Petitioner and the Ministere Publique. The latter does not object to the application given the contents of the medical report on the basis of this evidence. [6] Pursuant to Article 498 (3) of the Civil Code of Seychelles. I now interdict the Respondent. [7] I am also of the view that it is in the best interest of the Respondent to have his mother, the Petitioner, Bella Marie Fatima Rose appointed as guardian to safeguard his interest and I so order. Signed. dated and delivered at Ile du Port on 23 October 2018. L :vi. Twomey Chief Justice 2