Valabhji & Anor v Republic & Anor (MA 119 of 2025 (Arising in CP 05 of 2025)) [2025] SCCC 7 (1 August 2025)
The Constitutional Court lacks jurisdiction to grant a stay of proceedings in the absence of a referral from the trial court under Article 46(7) of the Constitution. The Applicants' remedy lies in appeal, not in a fresh constitutional petition. No legal or factual basis exists for the stay, and the application constitutes an abuse of process.
- Citation
- [2025] SCCC 7
- Parties
- Applicant: Mukesh Valabhji; Applicant: Laura Valabhji; Respondent: The Republic; Respondent: The Attorney General
- Court
- Constitutional Court
- Jurisdiction
- Seychelles
- Judgment Date
- 1 August 2025
- Case Number
- MA 119 of 2025 (Arising in CP 05 of 2025)
- Procedural Posture
- Constitutional Application / Ruling on Application for Stay of Proceedings
- Outcome
- Application dismissed
- Legal Topics
- Stay of Proceedings, Recusal of Judges, Right to Fair Hearing, Jurisdiction, Referral Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mukesh Valabhji
Applicant
Laura Valabhji
Applicant
The Republic
Respondent
The Attorney General
Respondent
Procedural Posture
Constitutional Application / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether the Constitutional Court has jurisdiction to grant a stay of proceedings in the absence of a referral from the trial court under Article 46(7) of the Constitution
- 2 Whether the refusal of the trial judge to recuse himself amounts to a constitutional violation justifying a stay
- 3 Whether the Applicants' right to a fair hearing has been infringed by the trial process and withdrawal of counsel
Ratio Decidendi
The Constitutional Court lacks jurisdiction to grant a stay of proceedings in the absence of a referral from the trial court under Article 46(7) of the Constitution. The Applicants' remedy lies in appeal, not in a fresh constitutional petition. No legal or factual basis exists for the stay, and the application constitutes an abuse of process.
Court Disposition
Application dismissed
Orders
- Application for stay of proceedings is dismissed
- Parties to bear their own costs
Full Case Text
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