Jensen v Hoareau (CS 379/1996) [1998] SCSC 3 (9 March 1998)

The plaintiff has a right to call the defendant on her personal answers to obtain admissions or evidence, as there are no strong grounds to deny this right in the present case.

Citation: [1998] SCSC 3
Parties: Plaintiff: Jensen; Defendant: Hoareau
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 9 March 1998
Case Number: CS 379/1996
Procedural Posture: Civil / Interlocutory Application (ruling on Ex Parte/inter Partes Application for Summons on Defendant for Personal Answers)
Outcome: Application allowed
Legal Topics: Personal Answers, Summons, Loan Vs Gift, Ex Parte Application, Section 163 Seychelles Code of Civil Procedure
Source Language: English

Civil Procedure Personal Answers Summons Loan Vs Gift Ex Parte Application Section 163 Seychelles Code of Civil Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Jensen

Plaintiff

Hoareau

Defendant

Procedural Posture

Civil / Interlocutory Application (ruling on Ex Parte/inter Partes Application for Summons on Defendant for Personal Answers)

Legal Issues

1 Whether the plaintiff is entitled to have the defendant summoned for personal answers under section 163 of the Seychelles Code of Civil Procedure

Ratio Decidendi

The plaintiff has a right to call the defendant on her personal answers to obtain admissions or evidence, as there are no strong grounds to deny this right in the present case.

Court Disposition

Application allowed

Orders

Summons to be issued on the defendant to appear in court at the next hearing to be examined on her personal answers.