Dhanjee v Mr. James Alix Michel & Ors (CP 3 of 2014) [2014] SCCC 5 (15 July 2014)

Dhanjee v Mr. James Alix Michel & Ors (CP 3 of 2014) [2014] SCCC 5 (15 July 2014)

The bench must be reconstituted to include at least three judges to ensure proper adjudication and avoid a tie, especially in light of consolidation with a related case.

Citation
[2014] SCCC 5
Parties
Petitioner: Viral Dhanjee; Respondent: Mr. James Alix Michel & Ors
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
15 July 2014
Case Number
CP 3 of 2014
Procedural Posture
Constitutional Petition / Interlocutory Order on Bench Composition and Case Consolidation
Outcome
case referred to Chief Justice for assignment of a new judge; mention date set
Legal Topics
Judicial Recusal, Bench Composition, Case Consolidation
Source Language
English
Constitutional Law Judicial Recusal Bench Composition Case Consolidation

Case Brief

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Parties

Viral Dhanjee

Petitioner

Mr. James Alix Michel & Ors

Respondent

Procedural Posture

Constitutional Petition / Interlocutory Order on Bench Composition and Case Consolidation

Legal Issues

  1. 1 Whether the bench should be reconstituted following the recusal of a judge
  2. 2 Whether the case should be consolidated with CP 02 of 2014

Ratio Decidendi

The bench must be reconstituted to include at least three judges to ensure proper adjudication and avoid a tie, especially in light of consolidation with a related case.

Court Disposition

case referred to Chief Justice for assignment of a new judge; mention date set

Orders

  • Case referred to the Honorable Chief Justice for assigning another Judge to replace the outgoing Judge.
  • Chief Justice may consider Honorable Justice Dodin for replacement as he is the third Judge in the related case CP 02 of 2014.