Bonte v Lefevre (MA 43/2018) [2019] SCSC 1143 (30 January 2019)

Bonte v Lefevre (MA 43/2018) [2019] SCSC 1143 (30 January 2019)

The application to set aside the consent judgment was fatally defective as it was brought by motion rather than by petition as required by Sections 194 and 195 of the Seychelles Code of Civil Procedure; further, the allegations of duress were unsubstantiated and not supported by the evidence or record.

Citation
[2019] SCSC 1143
Parties
Applicant/defendant: Margitta Bonte; Respondent/plaintiff: Nathalie Lefevre
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 January 2019
Case Number
MA 43/2018
Procedural Posture
Civil Motion (setting Aside Consent Judgment) / Ruling on Application to Set Aside Consent Judgment
Outcome
Application dismissed with costs
Legal Topics
Consent Judgment, Setting Aside Judgment, New Trial, Procedural Irregularity, Duress
Source Language
English
Civil Procedure Consent Judgment Setting Aside Judgment New Trial Procedural Irregularity Duress

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Parties

Margitta Bonte

Applicant/defendant

Nathalie Lefevre

Respondent/plaintiff

Procedural Posture

Civil Motion (setting Aside Consent Judgment) / Ruling on Application to Set Aside Consent Judgment

Legal Issues

  1. 1 Whether the application to set aside the consent judgment was properly brought under the correct procedure
  2. 2 Whether the consent judgment should be set aside on grounds of duress or procedural impropriety

Ratio Decidendi

The application to set aside the consent judgment was fatally defective as it was brought by motion rather than by petition as required by Sections 194 and 195 of the Seychelles Code of Civil Procedure; further, the allegations of duress were unsubstantiated and not supported by the evidence or record.

Court Disposition

Application dismissed with costs

Orders

  • The Notice of Motion is dismissed with costs.