Ex parte Fair Trading Commission (XP 259 of 2022) [2023] SCSC 429 (19 January 2023)

Ex parte Fair Trading Commission (XP 259 of 2022) [2023] SCSC 429 (19 January 2023)

The application was dismissed because the supporting affidavit was deficient, lacking sufficient material and documentary evidence to satisfy the court that it was necessary to prevent the person from leaving Seychelles as required by law.

Citation
[2023] SCSC 429
Parties
Applicant: Fair Trading Commission
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 January 2023 13 June 2023 19 January 2023
Case Number
XP 259 of 2022
Procedural Posture
Ex Parte Application / Final Order/ruling
Outcome
Application dismissed
Legal Topics
Affidavit Requirements, Right to Movement, Jurisdictional Restraint, Fair Trading Act Procedures
Source Language
English
Civil Procedure Administrative Law Human Rights Affidavit Requirements Right to Movement Jurisdictional Restraint Fair Trading Act Procedures

Case Brief

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Parties

Fair Trading Commission

Applicant

Procedural Posture

Ex Parte Application / Final Order/ruling

Legal Issues

  1. 1 Whether the affidavit in support of the application contains sufficient material to justify an order preventing a person from leaving Seychelles during an investigation under the Fair Trading Act
  2. 2 Whether the requirements of Section 43 of the Fair Trading Act and the Seychelles Code of Civil Procedure are met
  3. 3 Whether the right to movement under the Constitution is justifiably restricted

Ratio Decidendi

The application was dismissed because the supporting affidavit was deficient, lacking sufficient material and documentary evidence to satisfy the court that it was necessary to prevent the person from leaving Seychelles as required by law.

Court Disposition

Application dismissed

Orders

  • Application is dismissed due to deficiencies in the affidavit; no order preventing the person from leaving Seychelles is granted.