Civil Procedure

Multichoice Africa Ltd v Intelvision Network Limited and Intelvision Limited (MA 194/2019) [2020] SCSC 308 (12 June 2020);

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Civil Procedure: Application to substitute Plaintiff; objections based on insufficiency and defects in affidavit in support and lack of evidence in support thereof. Application is dismissed on the ground of lack of legal personality of the Applicant.

GOVINDEN J

The Application

Lesperance v Rose (CS 07/2018) [2020] SCSC 304 (09 June 2020);

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Property Law: how can parties who were in living in concubinage terminate their joint ownership of property : to succeed, plaintiff has to show that detriment was without lawful cause, that plaintiff had no other action available, and that detriment was not plaintiff's own fault. Plaintiff failed to satisfy these three elements. 

PILLAY J

Ah-Kong v Sangalia Pty Ltd & Ors (CS 36/2019) [2020] SCSC 289 (21 May 2020);

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:(1) The Plaint does not disclose a cause of action against the 2nd and 3rd Defendants and ought to be dismissed with costs.(2) The Plaint is

Parcou v Laporte (MC 109/2019) [2020] SCSC 287 (22 May 2020);

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.

Vijay Construction (Pty) Ltd v Seychelles Land Transport Agency (CC 39/2014) [2020] SCSC 270 (08 May 2020);

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.

Lau-Tee v Seychelles Civil Aviation Authority (MA 274/2018 (arising in CS 71/2018)) [2020] SCSC 269 (07 May 2020);

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.[2]       In terms of the Principal Suit, the Plaintiff/Respondent avers that Defendant/Applicant is the owner of land Parcel Title No. S5256 which was encumbered with a number of restrictions including a loan with Housing Finance Company.

Chetty v The Estate of Regis Albert & Ors (CS 131/2018) [2020] SCSC 268 (08 May 2020);

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.

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