Davison v Davison (MC 19/2020) [2021] SCSC 1010 (8 October 2021)

Davison v Davison (MC 19/2020) [2021] SCSC 1010 (8 October 2021)

A serious procedural irregularity occurred as the petitioner and co-executors were not heard before the respondent was appointed executrix ex-parte, tainting the validity of the proceedings and rendering the order a nullity. The order appointing the respondent as executrix is set aside; she is no longer executrix from the date of judgment.

Citation
[2021] SCSC 1010
Parties
Petitioner: Mark Edward Davison; Respondent: Ganokwan Phansuwan Davison
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 October 2021
Case Number
MC 19/2020
Procedural Posture
Petition to Set Aside Appointment of Executrix / Judgment
Outcome
Petition partly granted
Legal Topics
Nullity of Appointment of Executrix, Procedural Irregularity, Functus Officio, Effect of Nullity on Acts Performed
Source Language
English
Succession Law Civil Procedure Nullity of Appointment of Executrix Procedural Irregularity Functus Officio Effect of Nullity on Acts Performed

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Parties

Mark Edward Davison

Petitioner

Ganokwan Phansuwan Davison

Respondent

Procedural Posture

Petition to Set Aside Appointment of Executrix / Judgment

Legal Issues

  1. 1 Whether the Supreme Court can set aside its own order appointing an executrix due to procedural irregularity
  2. 2 Effect of nullity of appointment on acts performed by the executrix

Ratio Decidendi

A serious procedural irregularity occurred as the petitioner and co-executors were not heard before the respondent was appointed executrix ex-parte, tainting the validity of the proceedings and rendering the order a nullity. The order appointing the respondent as executrix is set aside; she is no longer executrix from the date of judgment.

Court Disposition

Petition partly granted

Orders

  • Order of 16th November 2006 appointing respondent as executrix set aside; respondent no longer executrix from date of judgment; testamentary executors remain sole executors.
  • Registrar General to amend records accordingly.