Parcou v Laporte (MC 109/2019) [2020] SCSC 508 (21 May 2020)

Parcou v Laporte (MC 109/2019) [2020] SCSC 508 (21 May 2020)

The court found no reasonable grounds to refer the alleged constitutional issue to the Constitutional Court, as the manner in which it was raised was insufficient and unsustainable. The petition for new trial is to proceed in the ordinary course.

Citation
[2020] SCSC 508
Parties
Petitioner: Rosita Parcou; Respondent: Jill Laporte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 May 2020
Case Number
MC 109/2019
Procedural Posture
Petition for New Trial / Ruling on Referral to Constitutional Court and Directions for Further Proceedings
Outcome
No referral to Constitutional Court; petition for new trial to proceed.
Legal Topics
New Trial, Constitutional Referral, Protection of Family, Burden of Proof, Paternity
Source Language
English
Civil Procedure Constitutional Law Family Law New Trial Constitutional Referral Protection of Family Burden of Proof Paternity

Case Brief

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Parties

Rosita Parcou

Petitioner

Jill Laporte

Respondent

Procedural Posture

Petition for New Trial / Ruling on Referral to Constitutional Court and Directions for Further Proceedings

Legal Issues

  1. 1 Whether the petition raises a constitutional question requiring referral to the Constitutional Court under Article 46(7) of the Constitution
  2. 2 Whether the petition for new trial should proceed and in what manner

Ratio Decidendi

The court found no reasonable grounds to refer the alleged constitutional issue to the Constitutional Court, as the manner in which it was raised was insufficient and unsustainable. The petition for new trial is to proceed in the ordinary course.

Court Disposition

No referral to Constitutional Court; petition for new trial to proceed.

Orders

  • Petition for new trial to be fixed for mention for parties to indicate mode of submissions.
  • No referral to Constitutional Court under Article 46(7) of the Constitution.