Chetty and Others v Chetty and Another (249 of 2008) [2010] SCSC 102 (29 November 2010)

Chetty and Others v Chetty and Another (249 of 2008) [2010] SCSC 102 (29 November 2010)

A person who is not licensed to practice the professional service of valuing property in Seychelles cannot lawfully testify as an expert in that capacity, and the court cannot admit his report unless he holds a licence or exemption.

Citation
[2010] SCSC 102
Parties
Plaintiff: K L Chetty; Plaintiff: E Chetty; Plaintiff: P Chetty; Defendant: M Chetty; Defendant: L Chetty
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 November 2010 29 November 2010 4 October 2010
Case Number
249 of 2008
Procedural Posture
Civil / Ruling on Admissibility of Expert Evidence
Outcome
Objection upheld; report not admitted unless licence or exemption is shown.
Legal Topics
Expert Evidence, Licensing Requirements for Professional Services
Source Language
English

Case Brief

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Parties

K L Chetty

Plaintiff

E Chetty

Plaintiff

P Chetty

Plaintiff

M Chetty

Defendant

L Chetty

Defendant

Procedural Posture

Civil / Ruling on Admissibility of Expert Evidence

  1. 1 Whether a person not licensed to practice as a property valuer can testify as an expert witness and have his report admitted in evidence

Ratio Decidendi

A person who is not licensed to practice the professional service of valuing property in Seychelles cannot lawfully testify as an expert in that capacity, and the court cannot admit his report unless he holds a licence or exemption.

Court Disposition

Objection upheld; report not admitted unless licence or exemption is shown.

Orders

  • Report of Mr. Yumbe not accepted unless he holds a licence or exemption from the Minister.