Intershore Consultant (Pty) Ltd v Mutaki (76 of 2008) [2008] SCSC 78 (31 March 2008);

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IN THE SUPREME COURT OF SEYCHELLES

 

INTERSHORE CONSULT (PTY) LTD …...........................................Petitioner

 

VS.

 

HIS WORSHIP, MAGISTRATE MUTAKI …..................................Respondent

MAGISTRATE COURT “A”

 

Civil Side No. 76 of 2008

 

 

Mr. Boulle for the Petitioner

 

ORDER

 

Gaswaga, J

 

This was an application for leave to proceed with a petition filed by Intershore Consult (Pty) Ltd for certain orders including a Writ of Certiorari. It was an exparte matter and it came before the Supreme Court by way of judicial review. During the hearing but at the end of Mr. Boulle’s submissions, State Counsel, Mr. Jude Bonte, who had prosecuted the same before the Court below, pursuant to Rule 7 of SI 40 of 1995, applied to Court for time to file objections to the same.

 

I have heard the submissions by Mr. Boulle. I have also perused the petition filed as well as the accompanying affidavits. I am satisfied that the Petitioner has sufficient interest in the matter before the Court. I am also satisfied that the said petition is being prosecuted in good faith. Accordingly, leave to proceed with this petition is hereby granted. Notice hereof is to be served on the Respondent together with the petition, affidavit and all connected documents and exhibits.

 

The Registrar is therefore directed to forward the record of proceedings of the Court below (Senior Magistrates Court).

 

The proceedings in the Court below are hereby stayed.

 

I so order.

 

 

 

D. GASWAGA

JUDGE

Dated this 1st day of April, 2008.