Camille and others vs Bayview Estate Limited and Others (CS 16.2012) [2014] SCSC 173 (16 May 2014)

Camille and others vs Bayview Estate Limited and Others (CS 16.2012) [2014] SCSC 173 (16 May 2014)

The suit is not maintainable as claims against the 3rd defendant (a statutory authority) must be brought by judicial review, not civil action, and the joinder of distinct causes of action between different parties in different capacities is impermissible.

Citation
[2014] SCSC 173
Parties
Plaintiff: George Camille & Ors; 1st Defendant: Bayview Estate Limited; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant (Town and Country Planning Authority)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 May 2014
Case Number
CS 16.2012
Procedural Posture
Civil Suit / Ruling on Plea in Limine Litis
Outcome
Suit dismissed as not maintainable in law.
Legal Topics
Judicial Review, Mandamus, Joinder of Causes of Action, Statutory Duty, Nuisance
Source Language
English
Civil Procedure Administrative Law Planning Law Judicial Review Mandamus Joinder of Causes of Action Statutory Duty Nuisance

Case Brief

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Parties

George Camille & Ors

Plaintiff

Bayview Estate Limited

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant (Town and Country Planning Authority)

3rd Defendant

Procedural Posture

Civil Suit / Ruling on Plea in Limine Litis

Legal Issues

  1. 1 Whether the suit against the 3rd defendant is maintainable in law
  2. 2 Whether the proper remedy is judicial review or civil suit
  3. 3 Whether multiple causes of action can be joined in this suit

Ratio Decidendi

The suit is not maintainable as claims against the 3rd defendant (a statutory authority) must be brought by judicial review, not civil action, and the joinder of distinct causes of action between different parties in different capacities is impermissible.

Court Disposition

Suit dismissed as not maintainable in law.