Housing Finance Co Ltd v Santache (MA 140/2018) [2018] SCSC 8296 (16 October 2018)

Judgment in default under section 128 is not subject to setting aside under section 69; the proper remedy is to file an appeal, not a motion to set aside.

Citation: [2018] SCSC 8296
Parties: Petitioner: Housing Finance Company Ltd; Respondent: Marcel Santache
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 16 October 2018
Case Number: MA 140/2018
Procedural Posture: Civil / Motion to Set Aside Ex Parte Judgment
Outcome: motion dismissed
Legal Topics: Setting Aside Ex Parte Judgment, Default Judgment, Filing of Defence
Source Language: English

Civil Procedure Setting Aside Ex Parte Judgment Default Judgment Filing of Defence

Case Brief

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 2 Authorities cited 5 Party arguments 2

Parties

Housing Finance Company Ltd

Petitioner

Marcel Santache

Respondent

Procedural Posture

Civil / Motion to Set Aside Ex Parte Judgment

Legal Issues

1 Whether the court should set aside and vacate the ex parte judgment dated 18th May 2018 and accept the defence to be filed

Ratio Decidendi

Judgment in default under section 128 is not subject to setting aside under section 69; the proper remedy is to file an appeal, not a motion to set aside.

Court Disposition

motion dismissed