Arissol v Arissol & Ano (MA 195/2018) [2018] SCSC 8260 (18 September 2018)

Arissol v Arissol & Ano (MA 195/2018) [2018] SCSC 8260 (18 September 2018)

The court found sufficient grounds in the affidavit to justify service out of jurisdiction on the 2nd Defendant for proper determination of the main case concerning the validity of a will.

Citation
[2018] SCSC 8260
Parties
Plaintiff: Devine Sylvette Arissol; 1st Defendant: Paula Anne Arissol nee Joubert; 2nd Defendant: Marina Lyndy Gonthier nee Arissol
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 September 2018
Case Number
MA 195/2018
Procedural Posture
Civil / Interlocutory Application for Service Out of Jurisdiction
Outcome
Application granted
Legal Topics
Service of Process, Jurisdiction, Wills and Succession
Source Language
English
Civil Procedure Service of Process Jurisdiction Wills and Succession

Case Brief

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Parties

Devine Sylvette Arissol

Plaintiff

Paula Anne Arissol nee Joubert

1st Defendant

Marina Lyndy Gonthier nee Arissol

2nd Defendant

Procedural Posture

Civil / Interlocutory Application for Service Out of Jurisdiction

Legal Issues

  1. 1 Whether the 2nd Defendant should be served with summons outside the jurisdiction

Ratio Decidendi

The court found sufficient grounds in the affidavit to justify service out of jurisdiction on the 2nd Defendant for proper determination of the main case concerning the validity of a will.

Court Disposition

Application granted

Orders

  • Plaint and summons to be served on the 2nd Defendant out of jurisdiction at the specified address in Australia with a returnable date of three months from the date of the order