Walter v Baker (SCA 20 of 2015) [2017] SCCA 36 (6 December 2017)

Walter v Baker (SCA 20 of 2015) [2017] SCCA 36 (6 December 2017)

The default judgment was improperly entered because the case was called at a time different from that ordered by the court, without the appellant's knowledge, and a pending request for further and better particulars had not been addressed.

Source-derived case information.

Citation
[2017] SCCA 36
Parties
Appellant: Giselle Walter; Respondent: Wellinson Baker (also known as Wilson Baker)
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
6 December 2017
Case Number
SCA 20 of 2015
Procedural Posture
Civil Appeal / Appeal From Supreme Court Default Judgment
Outcome
appeal allowed
Legal Topics
Default Judgment, Failure to File Defence, Adjournment of Proceedings
Source Language
english
Civil Procedure Default Judgment Failure to File Defence Adjournment of Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Giselle Walter

Appellant

Wellinson Baker (also known as Wilson Baker)

Respondent

Procedural Posture

Civil Appeal / Appeal From Supreme Court Default Judgment

Legal Issues

  1. 1 Whether the default judgment was properly entered against the appellant due to failure to appear and file a statement of defence at the time ordered by the court
  2. 2 Whether the change in the time of the court fixture without the appellant's knowledge invalidated the default judgment
  3. 3 Whether a pending request for further and better particulars affected the obligation to file a statement of defence

Ratio Decidendi

The default judgment was improperly entered because the case was called at a time different from that ordered by the court, without the appellant's knowledge, and a pending request for further and better particulars had not been addressed.

Court Disposition

appeal allowed

Orders

  • judgment of the court below set aside
  • matter remitted to the Supreme Court for continuation