Barrado v Motee (CS 52 of 2021) [2022] SCSC 791 (14 September 2022)

Barrado v Motee (CS 52 of 2021) [2022] SCSC 791 (14 September 2022)

The Plaintiff's attempt to enforce the judgment by way of Plaint is contrary to the Seychelles Code of Civil Procedure, and the issues have already been litigated in CS 113/10. The proper procedure for enforcement is by application or petition, not by Plaint. The plea in limine is upheld and the Plaint is dismissed.

Source-derived case information.

Citation
[2022] SCSC 791
Parties
Plaintiff: Aaron Barrado; Defendant: Babhra Motee nee Labonte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 September 2022
Case Number
CS 52 of 2021
Procedural Posture
Civil Suit / Ruling on Plea in Limine
Outcome
Plaint dismissed
Legal Topics
Res Judicata, Prescription, Execution of Judgment
Source Language
english
Civil Procedure Succession Law Res Judicata Prescription Execution of Judgment

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Parties

Aaron Barrado

Plaintiff

Babhra Motee nee Labonte

Defendant

Procedural Posture

Civil Suit / Ruling on Plea in Limine

Legal Issues

  1. 1 Whether the Plaint is procedurally proper for enforcement of judgment under Seychelles Code of Civil Procedure
  2. 2 Whether the matter is res judicata
  3. 3 Whether the claim is prescribed by limitation

Ratio Decidendi

The Plaintiff's attempt to enforce the judgment by way of Plaint is contrary to the Seychelles Code of Civil Procedure, and the issues have already been litigated in CS 113/10. The proper procedure for enforcement is by application or petition, not by Plaint. The plea in limine is upheld and the Plaint is dismissed.

Court Disposition

Plaint dismissed

Orders

  • The plea in limine is upheld.
  • The Plaint is dismissed.