IN THE SEYCHELLES COURT OF APPEAL

SITTING OF TUESDAY 15 OCTOBER 2010 AT 10.30 AM BEFORE HIS LORDSHIP J.M. HODOUL.

Ex parte: Heirs Francois Mondon ….............................................................. Appellants

SCA No 30 of 2009

Mr. J. Renaud together with

Mr. B. Georges, for the Applicants/Heirs

DETERMINATION

[1] Following the rendering and handing down of the judgment dated 13^th August 2010, in appeal No.30/2009, learned advocate for the heirs referred to above, filed a Notice of Motion, supported by an affidavit of a co-executrix dated 14^th September 2010. She prays for rectification of a mistake in the judgment, namely, a property registered as T573 is wrongly said to be situated at Anse Marie-Louise.

[2] The case was called on 15^th October 2010 and both advocates, B. Georges Esq. and J.

Renaud Esq., were present. J. Renaud Esq., moved for an adjournment for consultation with his clients. The adjournment was granted and the case fixed for 22^nd November

2010.

[3] At the sitting of 22^nd November 2010, B. Georges Esq. moved according to his Motion and J. Renaud Esq. had no objection to the granting of the Motion.

[4] Further, the Court, propria motu, notes that whereas the marriage was celebrated on 10^th June 1878, the date and year are mistakenly stated in paragraph [1] to be "11^th December 1924".

[5] Under rule 32(2), SCAR, 2005, the Court has the power to correct mistakes in the judgment. Hence, both mistakes are hereby rectified and paragraph [1] of the judgment now reads:

"Francois and Athenai's Mondon were married in community of property on 10 June 1878. They acquired from one Amedee Mondon a property, namely, parcel T573."

[6] Court: The two mistakes are genuine and the correctionswill not change the outcome of the appeal in any manner whatsoever. No award is made for costs.

J.M. HODOUL.

JUSTICE OF APPEAL

Dated this 9 January, 2011