Bouchereau v Longhurst [2023] SCSC 235 (31 March 2023)

Bouchereau v Longhurst [2023] SCSC 235 (31 March 2023)

The appeal was filed out of time and no application for extension was made; therefore, the appeal is incompetent and must be dismissed.

Citation
[2023] SCSC 235
Parties
Appellant: Appellant (Plaintiff at first instance); Respondent: Respondent (Defendant at first instance)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 March 2023
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Appeal Timelines, Plea in Limine Litis, Extension of Time
Source Language
English
Civil Procedure Appeal Timelines Plea in Limine Litis Extension of Time

Case Brief

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Parties

Appellant (Plaintiff at first instance)

Appellant

Respondent (Defendant at first instance)

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed time limits under the Appeal Rules
  2. 2 Whether the Appellant applied for and obtained an extension of time to file the notice of appeal

Ratio Decidendi

The appeal was filed out of time and no application for extension was made; therefore, the appeal is incompetent and must be dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is hereby dismissed.