P. S. Enterprises (Pty) Ltd v Pillay (MC 53/2016) [2017] SCSC 877 (8 June 2017)

The defendant's application for leave to appear and defend was filed outside the statutory twelve-day period and did not disclose any legal or equitable defence; therefore, leave was refused and judgment was entered for the plaintiff as per section 295 of the Code.

Citation: [2017] SCSC 877
Parties: Plaintiff: P. S. ENTERPRISES (PTY) LTD; Defendant: PALANIVELAYUTHAM SUBRAMANIYAN PILLAY
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 8 June 2017
Case Number: MC 53/2016
Procedural Posture: Civil / Judgment on Special Writ
Outcome: judgment for plaintiff
Legal Topics: Summary Procedure, Bills of Exchange, Promissory Notes, Special Writs
Source Language: English

Civil Procedure Commercial Law Summary Procedure Bills of Exchange Promissory Notes Special Writs

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Parties

P. S. ENTERPRISES (PTY) LTD

Plaintiff

PALANIVELAYUTHAM SUBRAMANIYAN PILLAY

Defendant

Procedural Posture

Civil / Judgment on Special Writ

Legal Issues

1 Whether the defendant's application for leave to appear and defend was filed within the statutory time limit under section 296 of the Seychelles Code of Civil Procedure
2 Whether the defendant disclosed a legal or equitable defence sufficient to warrant leave to defend

Ratio Decidendi

Court Disposition

judgment for plaintiff

Orders

Plaintiff to sign judgment for Seychelles rupees 158,000 with interest at commercial bank rate and costs of S.R. 10,000
Plaintiff entitled to issue execution forthwith