Aimee v Simeon & Ors (SCA 31 of 1996) [1997] SCCA 2 (27 March 1997)
The Court of Appeal determined that the issue of the constitutionality of the Public Office Protection Act should have been referred to the Constitutional Court and allowed the appeal on that basis.
Source-derived case information.
- Citation
- [1997] SCCA 2
- Parties
- Appellant: Gervais Aimee; 1st Respondent: Philip Simeon; 2nd Respondent: Commissioner of Police; 3rd Respondent: Attorney General
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 31 of 1996
- Procedural Posture
- Civil Appeal / Appeal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Constitutionality of Statute, Public Office Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gervais Aimee
Appellant
Philip Simeon
1st Respondent
Commissioner of Police
2nd Respondent
Attorney General
3rd Respondent
Procedural Posture
Civil Appeal / Appeal Judgment
Legal Issues
- 1 Whether the constitutionality of the Public Office Protection Act should be determined by the Constitutional Court
Ratio Decidendi
The Court of Appeal determined that the issue of the constitutionality of the Public Office Protection Act should have been referred to the Constitutional Court and allowed the appeal on that basis.
Court Disposition
appeal allowed
Orders
- Case referred to the Constitutional Court
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL Sitting in the Seychelles Court of Appeal on Thursday the 27th March at 9.00 a.m. Before their Lordships H. Goburdhun P., A. Silungwe J., L. E. Venchard J. Gervais Aimee vIs Philip Simeon Commissioner of Police Attorney General Cv. App: 31/96 Mr. P. Boulle for the Appellant Mr. A. Juliette for the 1st Respondent Mr. A. Fernando for the 2nd and 3rd Respondent COURT: We consider that the issue about the Constitutionallity of the public office~protection Act, should have been referred to the Constitutional Court. We allow the appeal and refer the case to the Constitutional Court. H. GOBURDHUN PRESIDENT A. SILUNGWE JUSTICE OF APPEAL 0-v,~ ............... L. E. VENCHARD JUSTICE OF APPEAL