Dhanjee v Dhanjee (MA 197/2017 (Arising in CC 3/2012)) [2017] SCSC 903 (18 July 2017)

The application was dismissed as an abuse of process due to irregularity of the supporting affidavit and lack of sufficient cause for applicant's absence at the hearing.

Citation: [2017] SCSC 903
Parties: Applicant: Bharti Dhanjee; Respondent: Zarine Dhanjee
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 18 July 2017
Case Number: MA 197/2017 (Arising in CC 3/2012)
Procedural Posture: Civil Motion / Ruling on Application to Vacate Ex Parte Judgment
Outcome: application dismissed with costs
Legal Topics: Abuse of Process, Affidavit Irregularity, Ex Parte Judgment, Fiduciary Duties
Source Language: English

Civil Procedure Abuse of Process Affidavit Irregularity Ex Parte Judgment Fiduciary Duties

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Parties

Bharti Dhanjee

Applicant

Zarine Dhanjee

Respondent

Procedural Posture

Civil Motion / Ruling on Application to Vacate Ex Parte Judgment

Legal Issues

1 Whether the application to vacate ex parte judgment was valid
2 Whether the affidavit in support of the application was regular and admissible
3 Whether applicant was prevented by sufficient cause from attending the hearing

Ratio Decidendi

The application was dismissed as an abuse of process due to irregularity of the supporting affidavit and lack of sufficient cause for applicant's absence at the hearing.

Court Disposition

application dismissed with costs

Orders

Application MA 197/2017 dismissed with costs