Oceanic Motors (Pty) Ltd vs Savy (CA 25 of 2024) [2020] SCSC 921 (17 October 2020)

Oceanic Motors (Pty) Ltd vs Savy (CA 25 of 2024) [2020] SCSC 921 (17 October 2020)

The Notice of Appeal was filed within the prescribed time limit when excluding the day of the ruling, the last day for filing, Saturdays, and Sundays. However, the Memorandum of Appeal was filed well outside the 14-day limit after service of the record, and no application for extension of time was made. The court cannot condone the delay in the absence of such an application and must dismiss the appeal.

Citation
[2020] SCSC 921
Parties
Appellant: Appellant; Respondent: Respondent
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 October 2020
Case Number
CA 25 of 2024
Procedural Posture
Appeal / Ruling on Preliminary Objection and Merits
Outcome
Appeal dismissed with costs
Legal Topics
Appeal Timelines, Extension of Time, Computation of Time, Dismissal for Procedural Default
Source Language
English
Employment Law Civil Procedure Appeal Timelines Extension of Time Computation of Time Dismissal for Procedural Default

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Appeal / Ruling on Preliminary Objection and Merits

Legal Issues

  1. 1 Whether the Notice of Appeal and Memorandum of Appeal were filed within the statutory time limits
  2. 2 Whether the court should entertain an appeal filed out of time without an application for extension

Ratio Decidendi

The Notice of Appeal was filed within the prescribed time limit when excluding the day of the ruling, the last day for filing, Saturdays, and Sundays. However, the Memorandum of Appeal was filed well outside the 14-day limit after service of the record, and no application for extension of time was made. The court cannot condone the delay in the absence of such an application and must dismiss the appeal.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs to the Respondent.