Petrovar-Didon vParkash (MA 103/202) [2021] SCSC 919 (16 June 2021)

The Supreme Court has no jurisdiction to entertain an application to extend the time for appeal against its final judgment; such applications must be made to the Seychelles Court of Appeal.

Citation: [2021] SCSC 919
Parties: Applicant: Marthe Petrovar-Didon; Respondent: Chanderparkash
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 16 June 2021
Case Number: MA 103/202
Procedural Posture: Civil Application / Ruling on Application for Leave to Appeal Out of Time
Outcome: Application dismissed
Legal Topics: Appeal Out of Time, Jurisdiction, Functus Officio, Leave to Appeal
Source Language: English

Civil Procedure Appeal Out of Time Jurisdiction Functus Officio Leave to Appeal

Case Brief

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Parties

Marthe Petrovar-Didon

Applicant

Chanderparkash

Respondent

Procedural Posture

Civil Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

1 Whether the Supreme Court has jurisdiction to grant leave to appeal out of time against its final judgment
2 Whether the application was brought before the proper forum

Ratio Decidendi

The Supreme Court has no jurisdiction to entertain an application to extend the time for appeal against its final judgment; such applications must be made to the Seychelles Court of Appeal.

Court Disposition

Application dismissed

Orders

Application dismissed for want of jurisdiction
Costs awarded to the Respondent