Benoiton vs Hanks (Civil Side No. 84 of 2012) [2013] SCSC 144 (10 May 2013)

The Defendant has no legal right to dictate the Plaintiff's choice of cause of action or supporting document; both preliminary objections are without merit and dismissed.

Citation: [2013] SCSC 144
Parties: Plaintiff: Mark Andre Benoiton; Defendant: Sandra Hanks
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 10 May 2013
Case Number: Civil Side No. 84 of 2012
Procedural Posture: Civil / Ruling on Preliminary Objection (plea in Limine Litis)
Outcome: Preliminary objections dismissed; case to proceed on merits.
Legal Topics: Plea in Limine Litis, Agreement Vs. Acknowledgment of Debt, Maintainability of Suit
Source Language: English

Civil Procedure Contract Law Plea in Limine Litis Agreement Vs. Acknowledgment of Debt Maintainability of Suit

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Parties

Mark Andre Benoiton

Plaintiff

Sandra Hanks

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection (plea in Limine Litis)

Legal Issues

1 Whether the action is incompetent due to involvement of matrimonial property
2 Whether the action is improperly instituted on an agreement instead of an acknowledgment of debt

Ratio Decidendi

The Defendant has no legal right to dictate the Plaintiff's choice of cause of action or supporting document; both preliminary objections are without merit and dismissed.

Court Disposition

Preliminary objections dismissed; case to proceed on merits.

Orders

Both points in the plea in limine litis are dismissed.
The case shall proceed to be heard on the merits.