Intershore Consultant (Pty) Ltd v Mutaki (76 of 2008) [2008] SCSC 78 (31 March 2008)
The petitioner demonstrated sufficient interest and good faith in prosecuting the petition; therefore, leave to proceed is granted.
Source-derived case information.
- Citation
- [2008] SCSC 78
- Parties
- Petitioner: Intershore Consult (Pty) Ltd; Respondent: His Worship, Magistrate Mutaki
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- 76 of 2008
- Procedural Posture
- Judicial Review / Application for Leave to Proceed With Petition
- Outcome
- Leave to proceed with the petition granted; proceedings in the lower court stayed.
- Legal Topics
- Judicial Review, Writ of Certiorari, Leave to Proceed
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Intershore Consult (Pty) Ltd
Petitioner
His Worship, Magistrate Mutaki
Respondent
Procedural Posture
Judicial Review / Application for Leave to Proceed With Petition
Legal Issues
- 1 Whether the petitioner has sufficient interest to seek judicial review
- 2 Whether the petition is prosecuted in good faith
Ratio Decidendi
The petitioner demonstrated sufficient interest and good faith in prosecuting the petition; therefore, leave to proceed is granted.
Court Disposition
Leave to proceed with the petition granted; proceedings in the lower court stayed.
Orders
- Leave to proceed with the petition is granted.
- Notice to be served on the respondent with all documents.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHELLES INTERSHORE CONSULT (PTY) LTD Petitioner VS. HIS WORSHIP, MAGISTRATE MUTAKI Respondent MAGISTRATE COURT “A” Civil Side No. 76 of 2008 Mr. Boulle for the Petitioner ORDER Gaswaga, J This was an application for leave to proceed with a petition filed by Intershore Consult (Pty) Ltd for certain orders including a Writ of Certiorari. It was an exparte matter and it came before the Supreme Court by way of judicial review. During the hearing but at the end of Mr. Boulle’s submissions, State Counsel, Mr. Jude Bonte, who had prosecuted the same before the Court below, pursuant to Rule 7 of SI 40 of 1995, applied to Court for time to file objections to the same. I have heard the submissions by Mr. Boulle. I have also perused the petition filed as well as the accompanying affidavits. I am satisfied that the Petitioner has sufficient interest in the matter before the Court. I am also satisfied that the said petition is being prosecuted in good faith. Accordingly, leave to proceed with this petition is hereby granted. Notice hereof is to be served on the Respondent together with the petition, affidavit and all connected documents and exhibits. The Registrar is therefore directed to forward the record of proceedings of the Court below (Senior Magistrates Court). The proceedings in the Court below are hereby stayed. I so order. D. GASWAGA JUDGE Dated this 1st day of April, 2008.