Jeanny v Arrisol (470 of 2006) [2009] SCSC 31 (28 May 2009)

Jeanny v Arrisol (470 of 2006) [2009] SCSC 31 (28 May 2009)

The defendant failed to demonstrate sufficient cause for his absence at the hearing. The court found no injustice was caused by the court or the plaintiff, and any prejudice suffered by the defendant was due to his own lack of diligence. The application to set aside the ex-parte judgment was dismissed.

Citation
[2009] SCSC 31
Parties
Plaintiff: Irene Jeanny; Defendant: Jason Arrisol
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 May 2009
Case Number
470 of 2006
Procedural Posture
Civil / Application to Set Aside Ex Parte Judgment
Outcome
Application to set aside ex-parte judgment dismissed
Legal Topics
Ex Parte Judgment, Right to Be Heard, Natural Justice, Setting Aside Judgment
Source Language
English
Civil Procedure Ex Parte Judgment Right to Be Heard Natural Justice Setting Aside Judgment

Case Brief

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Parties

Irene Jeanny

Plaintiff

Jason Arrisol

Defendant

Procedural Posture

Civil / Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the defendant was deprived of the right to be heard due to lack of notification of hearing date
  2. 2 Whether sufficient cause was shown to set aside the ex-parte judgment

Ratio Decidendi

The defendant failed to demonstrate sufficient cause for his absence at the hearing. The court found no injustice was caused by the court or the plaintiff, and any prejudice suffered by the defendant was due to his own lack of diligence. The application to set aside the ex-parte judgment was dismissed.

Court Disposition

Application to set aside ex-parte judgment dismissed