Allied Builders Seychelles Ltd v Resort Development Ltd (MA 260/2015) [2016] SCSC 90 (12 February 2016)
The application seeks a substantive re-examination of the award, not a correction of a clerical error. The court is functus officio and cannot amend or clarify the judgment at this stage, especially where legal remedies were available but not pursued.
- Citation
- [2016] SCSC 90
- Parties
- Applicant: Allied Builders Seychelles Limited; Respondent: Resort Development Limited
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 12 February 2016
- Case Number
- MA 260/2015
- Procedural Posture
- Civil Motion / Post Judgment Clarification Application
- Outcome
- Application refused with costs.
- Legal Topics
- Clarification of Judgment, Slip Rule, Amendment of Judgment, Functus Officio
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Allied Builders Seychelles Limited
Applicant
Resort Development Limited
Respondent
Procedural Posture
Civil Motion / Post Judgment Clarification Application
Legal Issues
- 1 Whether the court can clarify or amend a judgment after it has been delivered and the court is functus officio
- 2 Whether the clarification sought amounts to a substantive amendment or correction of a clerical error
Ratio Decidendi
The application seeks a substantive re-examination of the award, not a correction of a clerical error. The court is functus officio and cannot amend or clarify the judgment at this stage, especially where legal remedies were available but not pursued.
Court Disposition
Application refused with costs.
Orders
- Application for clarification is refused.
- Applicant to pay costs.
Full Case Text
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