Norman Car Hire and Travel Services Co. Ltd v Norbert Sinon (SCA 50 of 2011) [2014] SCCA 10 (11 April 2014)


IN THE SEYCHELLES COURT OF APPEAL



NORMAN CAR HIRE AND TRAVEL SERVICES CO. LTD APPELLANTS

vs.

NORBERT SINON RESPONDENT



SCA 50/2011

[Before: MacGregor.P., Fernando & Msoffe, JJA]



Counsel: Mr. Serge Rouillon for Appellants



Mr Clifford Andre for the Respondent - absent

RULING

The present status of the case was to have been a filing of a judgment by consent in court settling this matter.

Unfortunately, although we have a copy of that judgment by consent, signed by both parties and their counsel, the rules of the Seychelles Civil Procedure Code S.131, require that the parties appear in court for its filing.

On the day fixed its filing on the 3rd April 2014, the Respondent and Counsel failed to appear.

Accordingly, this judgment by consent for the purpose of disposing this case cannot stand, and the case reverts to its original position:- that of a hearing on appeal.

We also take note that of late judgments by consent have failed to comply with this procedure. We insist on the strict application of the rules in such judgments to maintain appropriate standards.

This case will therefore be listed for hearing, next, August.







F. MacGregor A.Fernando J.Msoffe

PRESIDENT JUSTICE OF APPEAL JUSTICE OF APPEAL



Dated at Ile du Port , Mahe, this day of 2014.







▲ To the top