Dieter Dugasse v Patrick Herminie (MA 27/2020) [2020] SCSC 528 (26 June 2020)

Dieter Dugasse v Patrick Herminie (MA 27/2020) [2020] SCSC 528 (26 June 2020)

The applicant failed to provide good cause for non-appearance at the Pre-Trial Review, did not follow proper procedure for recusal, and there was no breach of Practice Direction No. 3 of 2017. The application to set aside the ex-parte hearing and for recusal is denied.

Source-derived case information.

Citation
[2020] SCSC 528
Parties
Applicant: Dieter Dugasse; Respondent: Patrick Herminie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 June 2020
Case Number
MA 27/2020
Procedural Posture
Civil Application / Ruling on Application to Set Aside Ex Parte Hearing and for Recusal of Judge
Outcome
Application denied
Legal Topics
Recusal of Judge, Ex Parte Proceedings, Practice Directions, Fair Hearing
Source Language
english
Civil Procedure Recusal of Judge Ex Parte Proceedings Practice Directions Fair Hearing

Source-derived case record

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Parties

Dieter Dugasse

Applicant

Patrick Herminie

Respondent

Procedural Posture

Civil Application / Ruling on Application to Set Aside Ex Parte Hearing and for Recusal of Judge

Legal Issues

  1. 1 Whether the judge should recuse himself from the case
  2. 2 Whether the ex-parte hearing should be set aside for breach of Practice Direction No. 3 of 2017
  3. 3 Whether the applicant provided good cause for non-appearance at the Pre-Trial Review

Ratio Decidendi

The applicant failed to provide good cause for non-appearance at the Pre-Trial Review, did not follow proper procedure for recusal, and there was no breach of Practice Direction No. 3 of 2017. The application to set aside the ex-parte hearing and for recusal is denied.

Court Disposition

Application denied

Orders

  • Notice of motion dismissed
  • No order as to costs