CONSTITUTIONAL COURT OF SEYCHELLES
Reportable
[2019] SCCC 12
MA 221/2019 arising in
CP 07/2019
In the matter between:
ASSEMBLIES OF GOD
(rep. by Anthony Derjacques)
PILLAY J
[1] This ruling arises from a verbal motion by counsel for the first, second and third Defendants for the plea in limine to be heard before the trial since it would substantially dispose of the matter.
[2] Counsel for the Plaintiff opposed the motion and both sides filed submissions in support of their respective positions.
[3] The pleas in limine raised by the first, second and third Defendants are as follows:
CAROLUS J
[1] The petitioner and respondent were defendant and plaintiff respectively in CS 128/2018, an action for simultaneous declaration of recherche de paternité and desaveu de paternité in which the Learned Chief Justice gave judgment for the plaintiff/respondent on 11th November 2019 and declared her to be the child of Julien Kaven Parcou, the husband of the defendant/ petitioner.
GOVINDEN J
TWOMEY CJ
The brief facts of the Case
[1] The Plaintiff, a civil and building contractor, entered into an agreement with the Defendant, the land transport authority, in 2009 to provide materials and equipment for road resurfacing works at Praslin, Seychelles with the labour for the works to be provided by the Defendant.
CAROLUS J
Background
[1] Virginia Lau-tee is the Defendant in CS71/2018 (the “Principal Suit”) which has been brought against her by the Seychelles Civil Aviation Authority as Plaintiff. She has filed this application (MA274/2018) for an Order joining her husband Samuel Lau Tee as 2nd defendant in the Principal Suit.
TWOMEY CJ
The Pleadings
[1] The Plaintiff, by amended Plaint dated 3 May 2018, states that she is the registered owner of Parcels C5773 and C5769 (hereinafter the Property) situated at Anse Royale, Mahé and that the Property were subdivisions of Parcel C5767, the latter being a subdivision of Parcel C1546.
PILLAY J
[1] This Ruling follows a motion by the Plaintiffs’ counsel for the Court to allow them to file their defence to a counterclaim. This motion is brought in terms of section 146 of the Seychelles Code of Civil Procedure.
