Rene v Regar Publication & Ors and Rene v Seychelles National Party & Ors (CS 11/2001) [2002] SCSC 16 (15 November 2002)

Rene v Regar Publication & Ors and Rene v Seychelles National Party & Ors (CS 11/2001) [2002] SCSC 16 (15 November 2002)

The plea in limine litis is dismissed because the constitutional issues raised are frivolous, vexatious, or already settled by prior decisions, and the Supreme Court has jurisdiction to proceed with the defamation suits.

Source-derived case information.

Citation
[2002] SCSC 16
Parties
Plaintiff: France Albert Rene; Defendant: Regar Publications; Defendant: Roger Mancienne; Defendant: Jean Francois Ferrari; Defendant: X-Press Printing; Defendant: Seychelles National Party; Defendant: Regar Publications (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 November 2002
Case Number
CS 11/2001
Procedural Posture
Civil (defamation) / Ruling on Plea in Limine Litis
Outcome
Plea in limine litis dismissed; suits to proceed.
Legal Topics
Presidential Immunity, Fair Trial Rights, Judicial Independence, Equal Protection, Referral of Constitutional Questions
Source Language
english
Constitutional Law Defamation Civil Procedure Presidential Immunity Fair Trial Rights Judicial Independence Equal Protection Referral of Constitutional Questions

Source-derived case record

Summary, issues, holding and outcome

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Parties

France Albert Rene

Plaintiff

Regar Publications

Defendant

Roger Mancienne

Defendant

Jean Francois Ferrari

Defendant

X-Press Printing

Defendant

Seychelles National Party

Defendant

Regar Publications (Pty) Ltd

Defendant

Procedural Posture

Civil (defamation) / Ruling on Plea in Limine Litis

Legal Issues

  1. 1 Whether the plaintiff's suit contravenes constitutional rights of the defendants under Articles 19 and 27
  2. 2 Whether the Supreme Court judge has jurisdiction to determine constitutional issues raised in the plea in limine litis
  3. 3 Whether the constitutional questions raised are frivolous, vexatious, or already settled

Ratio Decidendi

The plea in limine litis is dismissed because the constitutional issues raised are frivolous, vexatious, or already settled by prior decisions, and the Supreme Court has jurisdiction to proceed with the defamation suits.

Court Disposition

Plea in limine litis dismissed; suits to proceed.

Orders

  • Defamation suits to proceed for hearing in due course.
  • Costs in the cause.