Aimee v Simeon (SCA 59 of 1998) [1999] SCCA 16 (9 August 1999)
The Constitutional Court erred by not determining the constitutional question referred to it; the judgment is set aside and the matter remitted for determination.
Source-derived case information.
- Citation
- [1999] SCCA 16
- Parties
- Appellant: Gervais Aimee; Respondent: Philip Simeon, Commissioner of Police
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 59 of 1998
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- judgment set aside and matter remitted to Constitutional Court
- Legal Topics
- Constitutional Reference, Remittal to Lower Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gervais Aimee
Appellant
Philip Simeon, Commissioner of Police
Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the Constitutional Court erred in failing to pronounce on the constitutional question referred to it
- 2 Validity of section 3 of Cap 192
Ratio Decidendi
The Constitutional Court erred by not determining the constitutional question referred to it; the judgment is set aside and the matter remitted for determination.
Court Disposition
judgment set aside and matter remitted to Constitutional Court
Orders
- Judgment of the Constitutional Court dated 4th December 1998 set aside
- Matter remitted to the Constitutional Court for determination of the referred question
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL GERVAIS AIMEE APPELLANT versus PHILIP SIMEON COMMISSIONER OF POLI "7" CI i 7.! :44 RESPONDENTS rvil Appeal No: 59 of 1998 [Before: Ayoola, P., Pillay & De Silua, JJ. A] Mr. P. Boulle for the Appellant Mr. A. Fernando for the Respondents JUDGMENT Of THE COURT (Delivered by Ayoola, P.) It having been rightly conceded by the Attorney General that the Constitutional Court was in error not to have pronounced on the constitutional question referred to it, the judgment of the Constitutional Court given on 4 th December 1998 failing to pronounce on the question of the continuing validity of section 3 of Cap 192 is hereby set aside. It is ordered that the matter be remitted to the Constitutional Court for it to determine the question referred to it by this Court on 27 th March 1999. No order for costs. ^.u t_LCu c-E - E. 0 AYOOLA PRESIDENT A. • ILLAY G. P. S. DE SILVA JUSTICE OF APPEAL JUSTICE OF APPEAL Dated at Victoria, Mahe this day of 1999.