Church v Boniface (CS 204/2010) [2011] SCSC 56 (29 July 2011)

Church v Boniface (CS 204/2010) [2011] SCSC 56 (29 July 2011)

The affidavit filed in support of the application is void and of no effect as it was sworn before the applicant's own counsel, rendering the application unsupported by evidence and subject to dismissal.

Citation
[2011] SCSC 56
Parties
Applicant: Church; Respondent: Boniface
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 July 2011
Case Number
CS 204/2010
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
application dismissed
Legal Topics
Affidavit Validity, Eviction, Habere Facias Possessionam
Source Language
English
Civil Procedure Affidavit Validity Eviction Habere Facias Possessionam

Case Brief

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Parties

Church

Applicant

Boniface

Respondent

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an affidavit sworn before the applicant's own counsel is valid for purposes of supporting an application for a writ of habere facias possessionam

Ratio Decidendi

The affidavit filed in support of the application is void and of no effect as it was sworn before the applicant's own counsel, rendering the application unsupported by evidence and subject to dismissal.

Court Disposition

application dismissed

Orders

  • application dismissed with costs