Adeline v Koko Car Co. Ltd (SCA 34 of 1996) [1997] SCCA 1 (3 March 1997)
The case is referred back for retrial as hearsay evidence regarding a third party's conviction and admission was improperly considered or admitted.
Source-derived case information.
- Citation
- [1997] SCCA 1
- Parties
- Appellant: Daniel Meline; Respondent: Koko Car Company Ltd
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 34 of 1996
- Procedural Posture
- Civil Appeal / Referred for Retrial
- Outcome
- case referred back for retrial
- Legal Topics
- Hearsay, Retrial, Admissibility of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Meline
Appellant
Koko Car Company Ltd
Respondent
Procedural Posture
Civil Appeal / Referred for Retrial
Legal Issues
- 1 Whether hearsay evidence pertaining to the conviction of a third party and his purported admission should have been considered or admitted
Ratio Decidendi
The case is referred back for retrial as hearsay evidence regarding a third party's conviction and admission was improperly considered or admitted.
Court Disposition
case referred back for retrial
Orders
- Case referred to the Supreme Court for retrial by the same judge.
Full Case Text
Judgment text and source record
1 paragraphs
Q IN mE SEYC]JFJ J. F. S OOURI' OF APPEAL Sitting in the Seychelles Court of Appeal on iblday the 31st March 1997 at 9.00 a.a. Before their Lordships H. GoburdhunP.,A. M. Si lungweand E. E. Ayoola . J. Daniel Mel ine vIs KokoCar Coapa.nyLtd cv. App; 34/96 Mr. P. Boulle for the Appellant Mr. N. J. Gherardi for the Respondent Court; By consent of the parties, the case is referred back to the SUpreme Court for retrial by the saae . Judgeas hearsay evidence pertaining to the conviction of a third party in a criainal case and his purported adaission should not have been considered or adaitted. H. OOBURDHUN A. SIUHJWE E. O. AYOOLA PRESIDFNT- nJSTICE OF APPEAL JUSTICE OF APPEAL