Michel v Michel (MA 399/2019) [2020] SCSC 516 (9 June 2020)

Michel v Michel (MA 399/2019) [2020] SCSC 516 (9 June 2020)

The court is not strictly bound by precedent on affidavit defects and may adopt a more liberal approach in the interest of justice, especially for provisional injunctions. The plea in limine is dismissed and the affidavit is entertained as is.

Citation
[2020] SCSC 516
Parties
Applicant: Myrna Michel; Respondent: Jean-Claude Michel; Intervenor: Ninette Michel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 June 2020
Case Number
MA 399/2019
Procedural Posture
Notice of Motion for Provisional Injunction / Ruling on Plea in Limine
Outcome
Plea in limine dismissed
Legal Topics
Affidavit Defects, Stare Decisis, Provisional Injunctions
Source Language
English
Civil Procedure Affidavit Defects Stare Decisis Provisional Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Myrna Michel

Applicant

Jean-Claude Michel

Respondent

Ninette Michel

Intervenor

Procedural Posture

Notice of Motion for Provisional Injunction / Ruling on Plea in Limine

Legal Issues

  1. 1 Whether the applicant's affidavit is defective and bad in law and liable to be dismissed
  2. 2 Whether the court is strictly bound by precedent (stare decisis) regarding affidavit defects

Ratio Decidendi

The court is not strictly bound by precedent on affidavit defects and may adopt a more liberal approach in the interest of justice, especially for provisional injunctions. The plea in limine is dismissed and the affidavit is entertained as is.

Court Disposition

Plea in limine dismissed

Orders

  • Respondent to file submissions on the merits of the motion