P.H.

1947 (2)
2 August, 1947. Section M. 9l
MISCELLANEOUS JUDGMENTS.

EX PARTE PARKER
" M'39
C.P.D., luly 9, L947. Before Searle, A.J.
MISCELLANEOUS JUDGMENT$-Application to presume
detath-Death not to be lightly presumed-All facts and
circumstances should be placed before the Court-Full
information necess,rry as to persons who may be interested.
This was an application by one G. Parker (born Kamalie) to
presume the deathof her husband, to whom she v,'as married in
community of property on the 27th April, 1918.
The husband had been to India and it appeared from the afi-
davits that he left India, on his return to the LJnion, on the 19th
November, 1942. The ship in which he was returning was sunk
by a submarine at 3 o'clock on the morning of the 24th November,
l9+2. Since that date applicant had had no communications from
her husband.
In support of the petition, aftdavits by three persons were
filed. All these three deposed to having seen applicant's husband
on the ship. One of them said he saw him get into a lifeboat and
another said that he saw the lifeboat in which applicant's husband
was, capsize, and all the occupants thrown into the sea. All these
three counted nine lifeboats containing survivors after the sinking.
After two days they were picked up by H.M.S. Birmingham and
taken back to India. Applicant's husband was not one of the peoplc
in these nine lifeboats.
There was also an afidavit by a representative of the shipping
company to the effect that the ship hacl been lost at sea hy enemy
action on the 24th November, 1942.
Held:
(1) That there was a missing l.ink in the chain of proof, and
there should be evidence from the shipping company, firstly, that
applicant's husband was booked as a passenger, and secondly, that,
according to the records, there were a certain number of passengers
and crew lost when the ship was sunk. It appeared ex facie the
papers that this evidence should'be available. In the event of its not
being so, evidence should be produced as to why the information
could not be supplied.
There was no information before the Court, other than the
fact that applicant's husband had a general dealer's licence, from
which the Court could determine whether there were interested
persons upon whom the rule should be served.
Held:
(2) That petitioner should give further information on that
aspect so as to enable the Court to determine, if a rule nisr should
bE ordered, upon whom and in what manner it should be served.
 P.H. te47 (2)
92 Sectio,tr M. 2 August, 1947
MISCELLANEOUS IUDGMENTS.

Ordered;
Matter postponed sine dine to enable appiicant, either to place
the necessary further information before the Court, if it was avail-
rble, and if not, to explain to the Court ,,vhy she was unable to
obtain such information.
For applicant: C. G. Hall, K.C., instructed by A. W. de
Villiers.