Cable and Wireless (Seychelles) Ltd v Seychelles Licensing Authority (CS 26/ 2019) [2020] SCSC 503 (14 May 2020)

Cable and Wireless (Seychelles) Ltd v Seychelles Licensing Authority (CS 26/ 2019) [2020] SCSC 503 (14 May 2020)

The petitioner failed to exhaust the alternative statutory remedy of appeal to the Appeals Board under section 17 of the Licences Act before seeking judicial review. The statutory appeal process was available, convenient, effective, and appropriate for the issues raised. The reference to 'person aggrieved' in...

Source-derived case information.

Citation
[2020] SCSC 503
Parties
Plaintiff: Cable and Wireless (Seychelles) Limited; Defendant: Seychelles Licensing Authority
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 May 2020
Case Number
CS 26/ 2019
Procedural Posture
Judicial Review Petition / Preliminary Objection Ruling
Outcome
Petition dismissed
Legal Topics
Judicial Review, Exhaustion of Alternative Remedies, Licensing, Telecommunications Regulation
Source Language
english
Administrative Law Judicial Review Exhaustion of Alternative Remedies Licensing Telecommunications Regulation

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Parties

Cable and Wireless (Seychelles) Limited

Plaintiff

Seychelles Licensing Authority

Defendant

Procedural Posture

Judicial Review Petition / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the petitioner was required to exhaust alternative statutory remedies before seeking judicial review
  2. 2 Whether the petitioner qualifies as a 'person aggrieved' under section 17 of the Licences Act

Ratio Decidendi

The petitioner failed to exhaust the alternative statutory remedy of appeal to the Appeals Board under section 17 of the Licences Act before seeking judicial review. The statutory appeal process was available, convenient, effective, and appropriate for the issues raised. The reference to 'person aggrieved' in section 17 is broad and includes the petitioner. Therefore, the petition is dismissed for failure to consider alternative remedies.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed on the 1st Preliminary Objection for failure to exhaust alternative statutory remedy of appeal to the Appeals Board under section 17 of the Licences Act.