Norman Car Hire and Travel Services Co. Ltd v Norbert Sinon (SCA 50 of 2011) [2014] SCCA 10 (11 April 2014)
A judgment by consent cannot be filed or stand unless parties appear in court as required by S.131 of the Seychelles Civil Procedure Code.
Source-derived case information.
- Citation
- [2014] SCCA 10
- Parties
- Appellant: Norman Car Hire and Travel Services Co. Ltd; Respondent: Norbert Sinon
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 50 of 2011
- Procedural Posture
- Appeal / Pre Hearing
- Outcome
- case reverted to original position for hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Norman Car Hire and Travel Services Co. Ltd
Appellant
Norbert Sinon
Respondent
Procedural Posture
Appeal / Pre Hearing
Legal Issues
- 1 Whether a judgment by consent can be filed in absence of parties as per Seychelles Civil Procedure Code S.131
Ratio Decidendi
A judgment by consent cannot be filed or stand unless parties appear in court as required by S.131 of the Seychelles Civil Procedure Code.
Court Disposition
case reverted to original position for hearing
Orders
- Case to be listed for hearing in August.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL NORMAN CAR HIRE AND TRAVEL SERVICES CO. LTD APPELLANTS vs. NORBERT SINON RESPONDENT [Before: MacGregor. P., Fernando & Msoffe, JJA] SCA 50/2011 Counsel: Mr. Serge Rouillon for Appellants Mr Clifford Andre for the Respondent - absent RULING The present status of the case was to have been a filing of a judgment by consent in court settling this matter. Unfortunately, although we have a copy of that judgment by consent, signed by both parties and their counsel, the rules of the Seychelles Civil Procedure Code S.131, require that the parties appear in court for its filing. On the day fixed its filing on the 3rd April 2014, the Respondent and Counsel failed to appear. Accordingly, this judgment by consent for the purpose of disposing this case cannot stand, and the case reverts to its original position:- that of a hearing on appeal. We also take note that of late judgments by consent have failed to comply with this procedure. We insist on the strict application of the rules in such judgments to maintain appropriate standards. This case will therefore be listed for hearing, next, August. F. MacGregor A. Fernando J. Msoffe PRESIDENT JUSTICE OF APPEAL JUSTICE OF APPEAL Dated at Ile du Port , Mahe, this day of 2014.