Alexis Monthy v Miranda Esparon (SCA 29 of 2010) [2012] SCCA 8 (9 May 2012)

IN THE COURT OF APPEAL OF SEYCHELLES

Alexis Monthy Appellant

VS

Miranda Esparon Respondent

SCA No: 29/2010

BEFORE: Anthony F.T. Fernando. JA

Counsel: Appellant, represented by Mr. D. Sabino

Respondent absent and unrepresented

Date of Hearing: 10^th May 2012

Date of Ruling: 10^th May 2012

RULING

Anthony F. T. Fernando JA.

1. The Judgment in this case was delivered by this Court on the 13^th of April 2012.

2. One of the orders made in the said judgment was to the effect: “We order the Registrar of Lands to restore ownership of Title H 2257 to both parties namely Alexis Monthy and Miranda Esparon.”

3. We also quashed the decision of the learned trial Judge including the award of SR 70,000 he made in this case, as the monetary value of the Appellant’s share, in the property co-owned by the parties. The parcel was described in our Judgment as H 2257.

4. It has now been brought to our notice by the Registrar General of Lands that the title of the parcel has been incorrectly stated in the Order we made at paragraph 18 of the Judgment. It should be H 2557 and not H 2257. This is undoubtedly a typing error as elsewhere in the body of the Judgment the title of the parcel has always been stated as H 2557.

5. I therefore acting in accordance with rule 13(2) of the Court of Appeal Rules 2005 read with rule 5 of the said Rules correct the accidental error in the Judgment, so as to give effect to the manifest intention of the Court. Therefore the title of the parcel at paragraph 18 (i) and (ii) of our Judgment dated 13thApril 2012 in the above titled case shall read as H 2557.

Anthony F.T. Fernando

Justice of Appeal

Dated this 10th day of May 2012, Victoria, Seychelles