Mahoune v Attorney-General (CS 47/2005) [2007] SCSC 133 (24 September 2007)

Mahoune v Attorney-General (CS 47/2005) [2007] SCSC 133 (24 September 2007)

The plaintiff's action is prescribed by Section 3 of the Public Officers (Protection) Act, which remains valid law and is not inconsistent with the Constitution; the action was filed out of time and cannot be entertained.

Citation
[2007] SCSC 133
Parties
Plaintiff: Mahoune; Defendant: Attorney-General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 September 2007
Case Number
CS 47/2005
Procedural Posture
Civil / Ruling on Plea in Limine Litis
Outcome
plaint dismissed
Legal Topics
Limitation Period, Public Officer Liability, Constitutionality of Statutes, Vicarious Liability
Source Language
English
Tort Public Law Constitutional Law Limitation Period Public Officer Liability Constitutionality of Statutes Vicarious Liability

Case Brief

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Parties

Mahoune

Plaintiff

Attorney-General

Defendant

Procedural Posture

Civil / Ruling on Plea in Limine Litis

Legal Issues

  1. 1 Whether the plaintiff's claim is prescribed by Section 3 of the Public Officers (Protection) Act
  2. 2 Whether Section 3 of the Act is inconsistent with the Constitution

Ratio Decidendi

The plaintiff's action is prescribed by Section 3 of the Public Officers (Protection) Act, which remains valid law and is not inconsistent with the Constitution; the action was filed out of time and cannot be entertained.

Court Disposition

plaint dismissed

Orders

  • Plea in limine litis upheld
  • Plaint dismissed