H. Savy Insurance v Poris (MA 254/2017 (arising in CS 22/2017)) [2018] SCSC 8212 (10 July 2018)

H. Savy Insurance v Poris (MA 254/2017 (arising in CS 22/2017)) [2018] SCSC 8212 (10 July 2018)

The applicant was aware of the date fixed for mention and failed to attend for their own reasons; there is no legal duty on the court to notify the absent party of the ex parte hearing date. The application to set aside the ex parte judgment has no merit.

Citation
[2018] SCSC 8212
Parties
Plaintiff: H. Savy Insurance; Defendant: Goldyporis
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 July 2018
Case Number
MA 254/2017 (arising in CS 22/2017)
Procedural Posture
Civil / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed with costs
Legal Topics
Ex Parte Judgment, Setting Aside Judgment, Service of Summons, Damages for Breach of Insurance Contract
Source Language
English
Insurance Law Civil Procedure Ex Parte Judgment Setting Aside Judgment Service of Summons Damages for Breach of Insurance Contract

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Parties

H. Savy Insurance

Plaintiff

Goldyporis

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the ex parte judgment should be set aside under section 69 of the Seychelles Code of Civil Procedure
  2. 2 Whether the court has a duty to notify the absent party of the ex parte hearing date

Ratio Decidendi

The applicant was aware of the date fixed for mention and failed to attend for their own reasons; there is no legal duty on the court to notify the absent party of the ex parte hearing date. The application to set aside the ex parte judgment has no merit.

Court Disposition

Application dismissed with costs

Orders

  • Application to set aside ex parte judgment is dismissed
  • Applicant to pay costs