Chow v Michel & Ors (CP 8 of 2010) [2011] SCCC 2 (31 January 2011)

Chow v Michel & Ors (CP 8 of 2010) [2011] SCCC 2 (31 January 2011)

The contravention alleged by the petitioner is of a continuing nature, and therefore the preliminary objection based on limitation is without merit and is dismissed.

Citation
[2011] SCCC 2
Parties
Petitioner: Chow; Respondent: Michel
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
31 January 2011
Case Number
CP 8 of 2010
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Continuing Contravention, Limitation Period, Constitutional Compliance
Source Language
English
Constitutional Law Continuing Contravention Limitation Period Constitutional Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Chow

Petitioner

Michel

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petition was filed out of time under the Constitutional Court Rules
  2. 2 Whether the alleged contravention is of a continuing nature

Ratio Decidendi

The contravention alleged by the petitioner is of a continuing nature, and therefore the preliminary objection based on limitation is without merit and is dismissed.

Court Disposition

preliminary objection dismissed

Orders

  • preliminary objection by the respondent is dismissed