Laure v Laporte (MA 58 of 2020) [2022] SCSC 391 (17 May 2022)

Laure v Laporte (MA 58 of 2020) [2022] SCSC 391 (17 May 2022)

Section 69 of the Seychelles Code of Civil Procedure does not apply as the appellant appeared on the date fixed in the summons but failed to appear at a subsequent hearing; therefore, the application to set aside the ex parte judgment was not tenable and the appeal is dismissed.

Citation
[2022] SCSC 391
Parties
Appellant: Jemmy Laure; Respondent: Ian Laporte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 May 2022
Case Number
MA 58 of 2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Setting Aside Ex Parte Judgment, Application of Section 69 SCCP, Appeal Out of Time
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Application of Section 69 SCCP Appeal Out of Time

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 11 Party arguments 2
Sign in to unlock

Parties

Jemmy Laure

Appellant

Ian Laporte

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant provided sufficient reasons for absence in court
  2. 2 Whether the application to set aside ex parte judgment was within the time prescribed under section 69 of the Seychelles Code of Civil Procedure

Ratio Decidendi

Section 69 of the Seychelles Code of Civil Procedure does not apply as the appellant appeared on the date fixed in the summons but failed to appear at a subsequent hearing; therefore, the application to set aside the ex parte judgment was not tenable and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Both parties shall bear their own costs.