Davidson & Ors v Cerf and Surf Properties Ltd (MA 189 of 2014 (Arising in CS 41 of 2014)) [2014] SCSC 303 (5 August 2014)

Leave is granted to issue third party notice as it is just and necessary for the complete adjudication of all questions involved, and the court has the requisite jurisdiction under Section 4 of the Courts Act and Order 16 of the Old White Book.

Citation: [2014] SCSC 303
Parties: Petitioners: Ian Davidson & Ors; Respondent: Cerf & Surf Properties Limited
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 5 August 2014
Case Number: MA 189 of 2014 (Arising in CS 41 of 2014)
Procedural Posture: Civil / Ruling on Application for Leave to Issue Third Party Notice
Outcome: Application granted
Legal Topics: Third Party Notice, Court Powers, Joinder of Parties
Source Language: English

Civil Procedure Third Party Notice Court Powers Joinder of Parties

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Parties

Ian Davidson & Ors

Petitioners

Cerf & Surf Properties Limited

Respondent

Procedural Posture

Civil / Ruling on Application for Leave to Issue Third Party Notice

Legal Issues

1 Whether leave should be granted to issue third party notice
2 Whether the court has jurisdiction to issue third party notice under Section 4 of the Courts Act and Order 16 of the Old White Book

Ratio Decidendi

Court Disposition

Application granted

Orders

Registrar to issue notice to third parties Sea Fever Charter and Mr. Dominique Marie
Case to be mentioned on 1st October 2014 at 10 a.m.