Muller v Benoiton Constructin (SCA 78 of 2022) [2022] SCCA 79 (16 December 2022)

Muller v Benoiton Constructin (SCA 78 of 2022) [2022] SCCA 79 (16 December 2022)

Section 69 of the Seychelles Code of Civil Procedure does not apply where the defendant appeared on the date fixed for summons but failed to appear at a later hearing. The appellant was represented by counsel until withdrawal, and no sufficient cause or evidence was provided to justify absence. The trial court was correct in refusing to set aside the ex-parte judgment, and no procedural unfairness or breach of the right to a fair hearing occurred.

Citation
[2022] SCCA 79
Parties
Appellant: Arnoud Muller; Respondent: Benoiton Construction (Pty) Ltd
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
16 December 2022
Case Number
SCA 78 of 2022
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Setting Aside Ex Parte Judgment, Right to Fair Hearing, Application of Section 69 Seychelles Code of Civil Procedure
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Right to Fair Hearing Application of Section 69 Seychelles Code of Civil Procedure

Case Brief

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Parties

Arnoud Muller

Appellant

Benoiton Construction (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the trial court erred in refusing to set aside the ex-parte judgment under section 69 of the Seychelles Code of Civil Procedure
  2. 2 Whether the appellant was denied the right to a fair hearing
  3. 3 Whether notice was required to be served on the appellant after counsel's withdrawal under section 183 SCCP

Ratio Decidendi

Section 69 of the Seychelles Code of Civil Procedure does not apply where the defendant appeared on the date fixed for summons but failed to appear at a later hearing. The appellant was represented by counsel until withdrawal, and no sufficient cause or evidence was provided to justify absence. The trial court was correct in refusing to set aside the ex-parte judgment, and no procedural unfairness or breach of the right to a fair hearing occurred.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed and the judgment of the lower court is upheld in its entirety.
  • No order is made as to costs.