Friminot & Anor v Gill (CS 154/2000) [2005] SCSC 68 (10 October 2005)

Friminot & Anor v Gill (CS 154/2000) [2005] SCSC 68 (10 October 2005)

The Supreme Court lacks jurisdiction to set aside its own consent judgment except in circumstances expressly provided by statute, which do not apply here. The plaint discloses no cause of action and there is no evidence of fraud. The consent judgment remains valid and binding.

Citation
[2005] SCSC 68
Parties
Plaintiff: Friminot & Or; Defendant: Gill
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 October 2005
Case Number
CS 154/2000
Procedural Posture
Civil / Judgment at First Instance
Outcome
Plaintiffs' action dismissed with costs
Legal Topics
Consent Judgment, Jurisdiction to Set Aside Judgment, Executor Powers, Specific Performance
Source Language
English
Civil Procedure Succession Law Consent Judgment Jurisdiction to Set Aside Judgment Executor Powers Specific Performance

Case Brief

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Parties

Friminot & Or

Plaintiff

Gill

Defendant

Procedural Posture

Civil / Judgment at First Instance

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to set aside its own consent judgment in the absence of statutory provision
  2. 2 Whether the consent judgment was invalid for lack of consent by all heirs
  3. 3 Whether the consent judgment was vitiated by fraud

Ratio Decidendi

The Supreme Court lacks jurisdiction to set aside its own consent judgment except in circumstances expressly provided by statute, which do not apply here. The plaint discloses no cause of action and there is no evidence of fraud. The consent judgment remains valid and binding.

Court Disposition

Plaintiffs' action dismissed with costs

Orders

  • Consent judgment of 23 January 1997 remains valid and binding
  • Land Registrar to transfer Parcels T1393 and T1394 to Christopher Gill upon payment of R375,000 to the Plaintiffs