Ascent Projects (Sey) (Pty) Ltd v Fonseka (CC 19/2017) [2018] SCSC 8068 (8 February 2018)

Ascent Projects (Sey) (Pty) Ltd v Fonseka (CC 19/2017) [2018] SCSC 8068 (8 February 2018)

The repeated filing of the Plaint does not amount to an abuse of process as there is no evidence of oppressive, vexatious, or mala fide conduct; prior dismissals were not on the merits and circumstances show due diligence by Plaintiff's counsel.

Citation
[2018] SCSC 8068
Parties
Plaintiff: Ascent Projects (Sey) (Pty) Ltd; First Defendant: Evelyn Fonseka; Second Defendant: Roch Pillay
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 February 2018
Case Number
CC 19/2017
Procedural Posture
Civil / Ruling on Plea in Limine Litis
Outcome
Plea in limine litis dismissed
Legal Topics
Abuse of Process, Res Judicata, Contractual Disputes
Source Language
English
Civil Procedure Abuse of Process Res Judicata Contractual Disputes

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Parties

Ascent Projects (Sey) (Pty) Ltd

Plaintiff

Evelyn Fonseka

First Defendant

Roch Pillay

Second Defendant

Procedural Posture

Civil / Ruling on Plea in Limine Litis

Legal Issues

  1. 1 Whether the Plaint as filed is an abuse of process due to previous identical cases between the same parties being dismissed

Ratio Decidendi

The repeated filing of the Plaint does not amount to an abuse of process as there is no evidence of oppressive, vexatious, or mala fide conduct; prior dismissals were not on the merits and circumstances show due diligence by Plaintiff's counsel.

Court Disposition

Plea in limine litis dismissed

Orders

  • Plaint to proceed for hearing on the merits as per pleadings filed