Lafors Sosyal Demokratik v Linyon Demokratik Seselwa & Anor (SCA 19 of 2022) [2022] SCCA 47 (25 August 2022)

Lafors Sosyal Demokratik v Linyon Demokratik Seselwa & Anor (SCA 19 of 2022) [2022] SCCA 47 (25 August 2022)

The Appellant failed to prove, on a balance of probabilities, that the First Respondent filed the judicial review petition with the dominant purpose of causing harm. The pleadings lacked precise facts to support the allegation of 'l'abus de droit'. The mere fact that the Supreme Court's decision was overturned on...

Source-derived case information.

Citation
[2022] SCCA 47
Parties
Appellant: Lafors Sosyal Demokratik; First Respondent: Linyon Demokratik Seselwa; Second Respondent: Electoral Commission
Court
Court of Appeal
Jurisdiction
Seychelles
Case Number
SCA 19 of 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Abuse of Rights, L'abus De Droit, Judicial Review, Political Party Registration, Damages
Source Language
en
Delict Civil Procedure Constitutional Law Abuse of Rights L'abus De Droit Judicial Review Political Party Registration Damages

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Parties

Lafors Sosyal Demokratik

Appellant

Linyon Demokratik Seselwa

First Respondent

Electoral Commission

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

  1. 1 Whether the First Respondent committed 'l'abus de droit' (abuse of rights) in filing judicial review applications resulting in the Appellant's removal from the Register of Political Parties
  2. 2 Whether the dominant purpose of the First Respondent's action was to cause harm to the Appellant
  3. 3 Whether the trial Judge erred in dismissing the claim for damages

Ratio Decidendi

The Appellant failed to prove, on a balance of probabilities, that the First Respondent filed the judicial review petition with the dominant purpose of causing harm. The pleadings lacked precise facts to support the allegation of 'l'abus de droit'. The mere fact that the Supreme Court's decision was overturned on appeal does not establish abuse of rights. The trial Judge's dismissal of the plaint was correct.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety with no order as to costs.