Prunias v Darou (CS 9/1992) [1997] SCSC 12 (1 July 1997)

Prunias v Darou (CS 9/1992) [1997] SCSC 12 (1 July 1997)

Since the plaintiffs had capacity as fiduciaries at the time of institution and the amendment does not change the cause of action, the amendment is permissible and does not prejudice the defendant.

Citation
[1997] SCSC 12
Parties
Plaintiff: Andre Prunias; Defendant: Darou
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 July 1997
Case Number
CS 9/1992
Procedural Posture
Civil / Ruling on Preliminary Objection and Application to Amend Plaint
Outcome
Application for amendment of caption allowed; amended plaint accepted.
Legal Topics
Amendment of Pleadings, Capacity to Sue, Co Ownership, Fiduciaries
Source Language
English
Civil Procedure Property Law Amendment of Pleadings Capacity to Sue Co Ownership Fiduciaries

Case Brief

Summary, issues, holding and outcome

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Parties

Andre Prunias

Plaintiff

Darou

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection and Application to Amend Plaint

Legal Issues

  1. 1 Whether the plaintiff can maintain the action as a co-owner acting alone
  2. 2 Whether amendment of the plaint to reflect capacity as fiduciary changes the character of the suit

Ratio Decidendi

Since the plaintiffs had capacity as fiduciaries at the time of institution and the amendment does not change the cause of action, the amendment is permissible and does not prejudice the defendant.

Court Disposition

Application for amendment of caption allowed; amended plaint accepted.

Orders

  • Amended plaint dated 1 April 1997 is accepted.
  • Defendant entitled to R500 as costs.