Lesperance & Ors v Elizabeth (CS 151/2018) [2020] SCSC 496 (23 April 2020)

Lesperance & Ors v Elizabeth (CS 151/2018) [2020] SCSC 496 (23 April 2020)

Section 146 of the Seychelles Code of Civil Procedure does not allow the Plaintiffs to file a defence to counterclaim as an amendment because the defence to counterclaim is a separate pleading, not an amendment to the plaint. The Plaintiffs' failure to file a defence to counterclaim cannot be remedied by invoking section 146 or the Court's equitable jurisdiction.

Citation
[2020] SCSC 496
Parties
Plaintiff: Helene Joanise Lesperance; Plaintiff: Ronelle Seguita Lesperance; Plaintiff: Ron Eddy Lesperance; Plaintiff: Ronda Joane Lesperance; Defendant: Maria Elizabeth
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 April 2020
Case Number
CS 151/2018
Procedural Posture
Civil Suit / Ruling on Motion to File Defence to Counterclaim
Outcome
Application dismissed
Legal Topics
Amendment of Pleadings, Counterclaim Procedure, Default Judgment
Source Language
English
Civil Procedure Amendment of Pleadings Counterclaim Procedure Default Judgment

Case Brief

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Parties

Helene Joanise Lesperance

Plaintiff

Ronelle Seguita Lesperance

Plaintiff

Ron Eddy Lesperance

Plaintiff

Ronda Joane Lesperance

Plaintiff

Maria Elizabeth

Defendant

Procedural Posture

Civil Suit / Ruling on Motion to File Defence to Counterclaim

Legal Issues

  1. 1 Whether section 146 of the Seychelles Code of Civil Procedure allows the Plaintiffs to file a defence to counterclaim after failing to do so within the prescribed time
  2. 2 Whether the Court's equitable jurisdiction can be invoked to allow late filing of a defence to counterclaim

Ratio Decidendi

Section 146 of the Seychelles Code of Civil Procedure does not allow the Plaintiffs to file a defence to counterclaim as an amendment because the defence to counterclaim is a separate pleading, not an amendment to the plaint. The Plaintiffs' failure to file a defence to counterclaim cannot be remedied by invoking section 146 or the Court's equitable jurisdiction.

Court Disposition

Application dismissed

Orders

  • Application to allow the Plaintiffs to file their defence to the counterclaim is dismissed.