Tomking v Marie (MA 251/2016 (Arising out of MC 97/2015)) [2017] SCSC 870 (30 May 2017)

Tomking v Marie (MA 251/2016 (Arising out of MC 97/2015)) [2017] SCSC 870 (30 May 2017)

The Supreme Court of Seychelles, by virtue of Sections 5, 6, and 17 of the Courts Act, has the power to grant pre-action inspection orders in line with English law where Seychelles law is silent. The applicant demonstrated necessity and full disclosure, and the respondent's objections were premature and without merit at this stage.

Citation
[2017] SCSC 870
Parties
Applicant: Collin Tomking; Respondent: Monette Menevieve Marie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 May 2017
Case Number
MA 251/2016 (Arising out of MC 97/2015)
Procedural Posture
Miscellaneous Application / Ruling on Motion for Inspection Prior to Suit
Outcome
Application granted
Legal Topics
Inspection of Property, Pre Action Discovery, Jurisdiction of Supreme Court, Equitable Powers
Source Language
English
Civil Procedure Inspection of Property Pre Action Discovery Jurisdiction of Supreme Court Equitable Powers

Case Brief

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Parties

Collin Tomking

Applicant

Monette Menevieve Marie

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Motion for Inspection Prior to Suit

Legal Issues

  1. 1 Whether the Supreme Court of Seychelles has power to order inspection of property prior to commencement of proceedings
  2. 2 Whether the applicant has shown sufficient grounds for pre-action inspection

Ratio Decidendi

The Supreme Court of Seychelles, by virtue of Sections 5, 6, and 17 of the Courts Act, has the power to grant pre-action inspection orders in line with English law where Seychelles law is silent. The applicant demonstrated necessity and full disclosure, and the respondent's objections were premature and without merit at this stage.

Court Disposition

Application granted

Orders

  • Mr. Stanley Valentin, Quantity Surveyor, is authorised to inspect parcels J2909 and J2910 and/or the house thereon for valuation as at October 2014.
  • The respondent shall allow the inspection as ordered.