Prudence and another vs Frideria (Civil Appeal No. 45 of 2012) [2013] SCSC 7 (1 February 2013)

The appeal cannot proceed ex parte without service on the respondent as this is inconsistent with the mandatory requirements of the Civil Appeal Rules.

Citation: [2013] SCSC 7
Parties: Appellant No.1: Lucy Prudence; Appellant No.2: Jemmy Hoareau; Respondent: Lina Frideria
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 1 February 2013
Case Number: Civil Appeal No. 45 of 2012
Procedural Posture: Civil Appeal / Interlocutory Ruling
Outcome: Matter adjourned for further hearing; appellant required to address the court on legality of ex parte appeal.
Legal Topics: Appeals, Ex Parte Proceedings, Service of Process
Source Language: English

Civil Procedure Appeals Ex Parte Proceedings Service of Process

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Parties

Lucy Prudence

Appellant No.1

Jemmy Hoareau

Appellant No.2

Lina Frideria

Respondent

Procedural Posture

Civil Appeal / Interlocutory Ruling

Legal Issues

1 Whether an appeal can be commenced and proceed ex parte without service on the respondent under the Civil Appeal Rules

Ratio Decidendi

The appeal cannot proceed ex parte without service on the respondent as this is inconsistent with the mandatory requirements of the Civil Appeal Rules.

Court Disposition

Matter adjourned for further hearing; appellant required to address the court on legality of ex parte appeal.

Orders

Appellant to satisfy the court as to the legality of presenting an appeal ex parte.
Matter reset for hearing.