Katerina Khvedelidze v Dell Olivio (CS 41/1999) [2003] SCSC 2 (10 February 2003)

Katerina Khvedelidze v Dell Olivio (CS 41/1999) [2003] SCSC 2 (10 February 2003)

The Plaintiff's absence was sufficiently excused due to counsel's medical incapacity, and all necessary steps were taken to inform the court and opposing counsel; the seriousness of the cause of action and lack of abuse of procedure constitute special circumstances justifying a new trial under Section 194(c) for the ends of justice.

Citation
[2003] SCSC 2
Parties
Plaintiff: Katerina Khvedelidze; Defendant: Dell Olivio
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 February 2003
Case Number
CS 41/1999
Procedural Posture
Civil / Application for New Trial After Dismissal for Non Attendance
Outcome
Application for new trial granted.
Legal Topics
Specific Performance, Dismissal for Want of Prosecution, Adjournment, New Trial
Source Language
English
Civil Procedure Contract Specific Performance Dismissal for Want of Prosecution Adjournment New Trial

Case Brief

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Parties

Katerina Khvedelidze

Plaintiff

Dell Olivio

Defendant

Procedural Posture

Civil / Application for New Trial After Dismissal for Non Attendance

Legal Issues

  1. 1 Whether the dismissal of the plaint for non-attendance was proper under the Code of Civil Procedure
  2. 2 Whether special circumstances exist to warrant a new trial under Section 194(c)

Ratio Decidendi

The Plaintiff's absence was sufficiently excused due to counsel's medical incapacity, and all necessary steps were taken to inform the court and opposing counsel; the seriousness of the cause of action and lack of abuse of procedure constitute special circumstances justifying a new trial under Section 194(c) for the ends of justice.

Court Disposition

Application for new trial granted.

Orders

  • New trial ordered under Section 194(c) of the Code of Civil Procedure.
  • Defendant entitled to costs of 3 December 2001.