Etienne v Public Utilities Corporation (MA 374/2014) [2017] SCSC 299 (29 March 2017)

Etienne v Public Utilities Corporation (MA 374/2014) [2017] SCSC 299 (29 March 2017)

The Defendant was afforded multiple opportunities to present its case but failed to do so, prioritizing other matters over court attendance. The court found that granting the motion would risk abuse of process and unnecessary delay, and that other legal remedies were available. Therefore, the interests of justice did not warrant re-opening the case.

Citation
[2017] SCSC 299
Parties
Petitioner: Joelly Etienne; Respondent: Public Utilities Corporation
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 March 2017
Case Number
MA 374/2014
Procedural Posture
Civil Motion / Ruling on Motion to Re Open Defence Case
Outcome
Petition dismissed with costs.
Legal Topics
Re Opening of Case, Exercise of Equitable Jurisdiction, Adjournment of Hearing, Clean Hands Doctrine
Source Language
English
Civil Procedure Equity Re Opening of Case Exercise of Equitable Jurisdiction Adjournment of Hearing Clean Hands Doctrine

Case Brief

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Parties

Joelly Etienne

Petitioner

Public Utilities Corporation

Respondent

Procedural Posture

Civil Motion / Ruling on Motion to Re Open Defence Case

Legal Issues

  1. 1 Whether the court should exercise its equitable jurisdiction to re-open the defence case after closure due to absence of witnesses

Ratio Decidendi

The Defendant was afforded multiple opportunities to present its case but failed to do so, prioritizing other matters over court attendance. The court found that granting the motion would risk abuse of process and unnecessary delay, and that other legal remedies were available. Therefore, the interests of justice did not warrant re-opening the case.

Court Disposition

Petition dismissed with costs.

Orders

  • Petition dismissed
  • Costs awarded to the Plaintiff