The Attorney General v Pillay (SCA 8 of 2022) [2023] SCCA 43 (25 August 2023)

Jurisdiction
Seychelles
Citation
The Attorney General v Pillay (SCA 8 of 2022) [2023] SCCA 43 (25 August 2023)
Media Neutral Citation
[2023] SCCA 43
Court
Court of Appeal
Case number
SCA 8 of 2022
Attorneys
C. Rose,
Judges
Twomey-Woods, JA, Tibatemwa-Ekirikubinza, JA, Robinson, JA
Judgment date
25 August 2023
Language
English
Type
Judgment
Download
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Case summary 
Judgment by Consent

IN THE COURT OFAPPEAL OF SEYCHELLESReportable

[2023] SCCA 43 (10 August 2023)SCA 08/2022

(Arising in CS 172/2019)

 

In the Matter Between

Attorney General                                                          Appellant (rep. by Ms. Corrine Rose)

And

Iouana Mary-Pat Pillay                                                 Respondent  (rep. by Mr. Joel Camille)

JUDGMENT BY CONSENT

___________________________________________

By Judgment delivered in CS 172/2019, the Supreme Court made the following orders:

  1. That the Appellant shall offer to the Respondent a land parcel of value equivalent to Parcel V20089 within 8 months from the date of the judgment and, in the event that the Respondent knows of any vacant Government land parcel of a similar value to Parcel V20089, the may identify the same to the Appellant.
  2. If, after the 8-month period specified in (i), the Appellant has not offered any such parcel to the Respondent, the Appellant shall pay to the Respondent damages in the sum of SCR 600,000 with interest from the date of the judgment.
  3. Irrespective of either (i) or (ii), the Appellant shall pay to the Respondent the sum of SCR 50,000 for moral damage.
  4. The Appellant shall pay costs of the suit.

 

  1. The Appellant appealed the Supreme Court’s decision to this Court.

 

  1. The Appellant obtained a stay of execution of the judgment of the Supreme Court pending the outcome of the appeal proceedings.

 

  1. The Appellant’s Counsel and the Respondent appeared in Court on 25 August 2023 and orally submitted a Judgment by Consent, stating the terms agreed upon between them in a settlement of the matter before this Court.

 

  1. The terms of the Judgment by Consent are as follows:

 

  1. That the Appellant shall transfer to the Respondent Parcel V20089 on the payment of SR 74,500.00/- as per the original offer of purchase.
  2. That there shall be no damages in favour of the Respondent.
  3. That each party shall bear its own cost.

 

  1. The terms of this Judgment by Consent are entered as the Judgment of this Court.

 

 

Dr. M. Twomey-Woods JA    

F. Robinson JA                

Dr. L. Tibatemwa-Ekirikubinza JA

 

Signed, dated and delivered at Ile du Port on 25 August 2023.

 

 

 

 

 

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