Joubert v Joubert (MA 105 of 2022) [2022] SCSC 465 (2 June 2022)

Joubert v Joubert (MA 105 of 2022) [2022] SCSC 465 (2 June 2022)

Section 77 of the Seychelles Code of Civil Procedure applies to pleadings, not affidavits. There is no statutory provision allowing amendment of affidavits; affidavits are sworn evidence and cannot be amended except by filing a fresh or additional affidavit. Documents intended to be used as evidence must be exhibited to the affidavit at the time of filing; failure to do so is fatal to their admissibility. The motion to amend the affidavit is therefore dismissed.

Citation
[2022] SCSC 465
Parties
Applicant / Respondent: Karl Joubert; Respondent / Petitioner: Marie-Celine Joubert born Azemia
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 June 2022
Case Number
MA 105 of 2022
Procedural Posture
Notice of Motion (ancillary to Matrimonial Cause) / Ruling on Interlocutory Motion to Amend Affidavit
Outcome
Motion dismissed
Legal Topics
Affidavit Amendment, Admissibility of Documentary Evidence, Ancillary Relief Proceedings
Source Language
English
Civil Procedure Family Law Affidavit Amendment Admissibility of Documentary Evidence Ancillary Relief Proceedings

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Parties

Karl Joubert

Applicant / Respondent

Marie-Celine Joubert born Azemia

Respondent / Petitioner

Procedural Posture

Notice of Motion (ancillary to Matrimonial Cause) / Ruling on Interlocutory Motion to Amend Affidavit

Legal Issues

  1. 1 Whether Section 77 of the Seychelles Code of Civil Procedure applies to affidavits for annexing documents
  2. 2 Whether an affidavit can be amended to add a list of documents to be tendered as evidence

Ratio Decidendi

Section 77 of the Seychelles Code of Civil Procedure applies to pleadings, not affidavits. There is no statutory provision allowing amendment of affidavits; affidavits are sworn evidence and cannot be amended except by filing a fresh or additional affidavit. Documents intended to be used as evidence must be exhibited to the affidavit at the time of filing; failure to do so is fatal to their admissibility. The motion to amend the affidavit is therefore dismissed.

Court Disposition

Motion dismissed

Orders

  • Applicant's motion for leave to amend affidavit is denied
  • Documents not exhibited to the affidavit cannot be admitted as evidence