Hetimier v Gandini (SCA No. 04 of 2011) [2011] SCCA 5 (17 April 2011);


IN THE SEYCHELLES COURT OF APPEAL


 

Jose Hetimier …..............................................................................................................Appellant

 

Versus

 

Donate Gandini ….......................................................................................................Respondent

 

SCA No. 04 of 2011

 

 

Ruling

 

In this matter Counsel for the Respondent appears not only on his client's behalf but also on that of Counsel for the Appellant to state that he is making a joint application and conceding that the Appellant be allowed to file a notice of appeal out of time. He does so on the basis that he was party to the delay in filing the notice of appeal out of time. He states that negotiations are stili underway and that there is a good chance that this matter may well be disposed of by agreement of the parties.

 

The Court states that whilst it accedes to the parties' wish it reminds them that the writ habere may not have been the right action to pursue and on that basis may not have been sufficient to show good grounds of success before the Court of Appeal and should the matter have gone to a proper hearing, leave to appeal out of time may not have been granted.

 

Nevertheless, Counsel for the Respondent states that that he would like the Court to accede to the Appellant's request and on that basis alone the Court grants one week for the appellant to file his notice of appeal.

 

Signed, dated and delivered at Victoria, this 18th day of April 2011.


 

Mathilda Twomey

Justice, Court of Appeal of Seychelles.