Dhanjee v Michel & Ors (MA 209 of 2014) [2014] SCCC 8 (29 July 2014)

Both motions were procedurally defective, irregular, not maintainable in law, and not properly before the Constitutional Court; therefore, they are dismissed in limine.

Citation: [2014] SCCC 8
Parties: Petitioner: Viral Dhanjee; Respondent: James Alix Michel & Ors
Court: Constitutional Court
Jurisdiction: Seychelles
Judgment Date: 29 July 2014
Case Number: MA 209 of 2014
Procedural Posture: Constitutional Petition / Ruling on Interlocutory Motions
Outcome: Motions dismissed in limine
Legal Topics: Recusal of Judge, Leave to Appeal, Stay of Proceedings, Procedural Defects
Source Language: English

Civil Procedure Recusal of Judge Leave to Appeal Stay of Proceedings Procedural Defects

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Viral Dhanjee

Petitioner

James Alix Michel & Ors

Respondent

Procedural Posture

Constitutional Petition / Ruling on Interlocutory Motions

Legal Issues

1 Whether the motions for leave to appeal and stay of proceedings are properly before the Constitutional Court
2 Whether the motions are procedurally valid

Ratio Decidendi

Both motions were procedurally defective, irregular, not maintainable in law, and not properly before the Constitutional Court; therefore, they are dismissed in limine.

Court Disposition

Motions dismissed in limine

Orders

Both motions set aside
Applications dismissed as procedurally defective