Government of Seychelles v Pillay (SCA 34 of 1994) [1995] SCCA 13 (20 April 1995)
The appeal is allowed, but instead of striking out the Petition, the time for filing is extended to the date of judgment and the Petition is deemed regularly filed within the extended time.
Source-derived case information.
- Citation
- [1995] SCCA 13
- Parties
- First Appellant: The Government of Seychelles; Second Appellant: The Attorney General; Respondent: Mr Wholly Pillay
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 34 of 1994
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed with extension of time for filing petition; petition to proceed on merits; no order as to costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Government of Seychelles
First Appellant
The Attorney General
Second Appellant
Mr Wholly Pillay
Respondent
Procedural Posture
Appeal / Judgment
Ratio Decidendi
The appeal is allowed, but instead of striking out the Petition, the time for filing is extended to the date of judgment and the Petition is deemed regularly filed within the extended time.
Court Disposition
appeal allowed with extension of time for filing petition; petition to proceed on merits; no order as to costs
Orders
- time for filing petition extended to date of judgment
- petition deemed regularly filed within extended time
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL COURT OF APPEAL NO 34 OF 1994 THE GOVERNMENT OF SEYCHELLES FIRST APPELLANT AND THE ATTORNEY GENERAL SECOND APPELLANT V MR WHOLLY PILLAY RESPONDENT Before: Ayoola, Venchard and Adam JJA. Mr. A. Fernando for the Appellants Mr. P. Boulle for the Respondent JUDGMENT The appeal is allowed. However, instead of striking out the Petition it is ordered that the time within which the Petition could have been filed be extended till this day and that the Petition already filed be deemed to have been regularly filed within such extended time. The Petition should therefore be proceeded with in the Constitutional Court on its merits. No order as to costs. Reasons will be given later. Dated at Victoria, Mahe this 2ttt day of April, 1995. LaittactUA.-- E. G. Ayoola L. E. Venchard M. A. Adam JUSTICE OF APPEAL JUSTICE OF APPEAL JUSTICE OF APPEAL