Ex-parte: Patrick Pillay (MA 300/2015 ) [2016] SCSC 109 (24 February 2016);

 

IN THE SUPREME COURT OF SEYCHELLES

Civil Side: MA 300/2015

[2016] SCSC 109    

 

In the matter of

Ex-parte: Patrick Pillay

of Morne Blanc, Mahe, Seychelles

Heard:         17th day of February 2016

Counsel:     Mr. C. Andre for Applicant

 

Delivered:    24th day of February 2016

ORDER

Govinden J

[1]               This is a matter started by way of “Notice of Application for leave to seek Judicial Review” entered on the 17th day of September 2015.

[2]               Learned Counsel above-mentioned moved the Court in terms of the Application for an Ex-parte Order as supported by an attached Affidavit of the Applicant of the 17th day of September 2015 accompanied by an attached Application for Exercise of Supervisory Jurisdiction under Article 125 (c) of the Constitution of the latter date (all hereinafter referred to as “the documents”), seeking leave for Judicial Review so that the Application can be heard inter-partes.

[3]               After a careful consideration of the documents, I am satisfied as follows:

  1. That the Application is made in pursuant to Rules 2 (1) of the Supreme Court (Supervisory Jurisdiction over Subordinate Courts, Tribunals and Adjudicating Authorities) Rules, 1995 (hereinafter referred to as the “Rules);
  2. That the Application complies with the provisions of Rule 3 of the Rules;
  3. That the Application has been made promptly and within three months time limit as enshrined at Rule 4 of the Rules;
  4. That the Court is further satisfied as required by the provisions of Rule 6 (1), that this Application has been made in good faith and that the Applicant has sufficient interest in the matter.

[4]               It follows, therefore, that I hereby grant leave for the matter to proceed.

[5]               I hence hereby orders further that notice is to be served on the Respondent together with the Application, Affidavit and all the connected documents and exhibits as filed and that objections is to be filed within six weeks of service (unless otherwise ordered) in line with Rule 12 of the Rules.

[6]               That the Respondent is further directed to forward all relevant records to this Court pursuant to Rule 10 of the Rules.

[7]               I wish to finally, advise Learned Counsel in line with the Order in the case of (Ex parte: Roland Vincent In the matter of Roland Vincent versus The Government of Seychelles (Rep by Attorney General) The Immigration Officer (Cap 93) (Rep by Mr, R. Focktave) Civil side No. 149 of 2005) of Learned Perera J (as he then was), vis-a vis the form of Application, that with the promulgation of the Constitution on the 21st day of June 1993, it would be more appropriate for applications under Article 125 (1) to commence with a Petition with particulars required by Rule 3 of the Rules rather than Application.

Signed, dated and delivered at Ile du Port on 24th day of February 2016.

 

 

Govinden J

Judge of the Supreme Court