K. Shannougasundaran v Jean Low (Civil Side No: 16 of 2010) [2012] SCSC 22 (18 May 2012)

K. Shannougasundaran v Jean Low (Civil Side No: 16 of 2010) [2012] SCSC 22 (18 May 2012)

The proposed amendments do not convert the character of the original suit into a substantially different one; they are necessary to determine the real questions in controversy following the defendant's actions after the plaint was filed.

Citation
[2012] SCSC 22
Parties
Plaintiff: K. Shannougasundaran; Defendant: Jean Low
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 May 2012
Case Number
Civil Side No: 16 of 2010
Procedural Posture
Civil / Ruling on Application to Amend Plaint
Outcome
application to amend plaint allowed
Legal Topics
Amendment of Pleadings, Injunctions, Statutory Tenancy, Contempt of Court
Source Language
English
Civil Procedure Landlord and Tenant Amendment of Pleadings Injunctions Statutory Tenancy Contempt of Court

Case Brief

Summary, issues, holding and outcome

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Parties

K. Shannougasundaran

Plaintiff

Jean Low

Defendant

Procedural Posture

Civil / Ruling on Application to Amend Plaint

Legal Issues

  1. 1 Whether the proposed amendments to the plaint change the character of the suit
  2. 2 Whether the use of 'statutory tenant' constitutes a judicial admission
  3. 3 Whether the application is frivolous or vexatious

Ratio Decidendi

The proposed amendments do not convert the character of the original suit into a substantially different one; they are necessary to determine the real questions in controversy following the defendant's actions after the plaint was filed.

Court Disposition

application to amend plaint allowed

Orders

  • Plaintiff allowed to amend plaint as proposed.
  • Defendant allowed to file amended defence if so advised.