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

 

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.