Galt International v Krishna Mart & Co (Pty) Ltd (CS 318/2004) [2005] SCSC 70 (21 November 2005)

Galt International v Krishna Mart & Co (Pty) Ltd (CS 318/2004) [2005] SCSC 70 (21 November 2005)

The defendant was not purposely delaying proceedings and had a genuine defence; refusal to allow late filing of defence combined with ex parte proceedings would deprive the defendant of natural justice. A new trial is granted under Section 194(c) of the Code of Civil Procedure, subject to security for the judgment...

Source-derived case information.

Citation
[2005] SCSC 70
Parties
Plaintiff: Galt International; Defendant: Krishna Mart & Co (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 November 2005
Case Number
CS 318/2004
Procedural Posture
Civil / Ruling on Application for New Trial
Outcome
Application for new trial granted, subject to conditions.
Legal Topics
New Trial, Ex Parte Judgment, Attachment of Property, Natural Justice
Source Language
english
Civil Procedure New Trial Ex Parte Judgment Attachment of Property Natural Justice

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Parties

Galt International

Plaintiff

Krishna Mart & Co (Pty) Ltd

Defendant

Procedural Posture

Civil / Ruling on Application for New Trial

Legal Issues

  1. 1 Whether the defendant is entitled to a new trial under Section 194 of the Code of Civil Procedure after an ex parte judgment was entered
  2. 2 Whether the defendant's delay in filing defence was justified
  3. 3 Whether the attachment of defendant's property was proper

Ratio Decidendi

The defendant was not purposely delaying proceedings and had a genuine defence; refusal to allow late filing of defence combined with ex parte proceedings would deprive the defendant of natural justice. A new trial is granted under Section 194(c) of the Code of Civil Procedure, subject to security for the judgment amount.

Court Disposition

Application for new trial granted, subject to conditions.

Orders

  • Monies in specified bank accounts of the defendant to remain attached until further court order.
  • Motor vehicle S.11663 to remain under attachment until further order.