Parcou v Laporte (MC 109/2019) [2020] SCSC 665 (15 December 2020)

Parcou v Laporte (MC 109/2019) [2020] SCSC 665 (15 December 2020)

The requirements for a new trial under section 194(b) and (c) of the Seychelles Code of Civil Procedure have not been met because the alleged new evidence could have been discovered with due diligence, is not material, and would not have altered the outcome. There are no exceptional circumstances justifying a new trial for the ends of justice. The petitioner's arguments are more appropriate for appeal.

Citation
[2020] SCSC 665
Parties
Petitioner: Rosita Parcou; Respondent: Jill Laporte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 December 2020
Case Number
MC 109/2019
Procedural Posture
Petition for New Trial / Ruling on Petition for New Trial
Outcome
Petition for new trial dismissed with costs to respondent.
Legal Topics
New Trial, Discovery of New Evidence, Paternity, Perjury, Due Diligence
Source Language
English
Civil Procedure Family Law New Trial Discovery of New Evidence Paternity Perjury Due Diligence

Case Brief

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Parties

Rosita Parcou

Petitioner

Jill Laporte

Respondent

Procedural Posture

Petition for New Trial / Ruling on Petition for New Trial

Legal Issues

  1. 1 Whether the requirements for a new trial under section 194(b) and (c) of the Seychelles Code of Civil Procedure have been met
  2. 2 Whether new and important evidence has been discovered that could not have been produced at the original trial with due diligence
  3. 3 Whether a new trial is necessary for the ends of justice

Ratio Decidendi

The requirements for a new trial under section 194(b) and (c) of the Seychelles Code of Civil Procedure have not been met because the alleged new evidence could have been discovered with due diligence, is not material, and would not have altered the outcome. There are no exceptional circumstances justifying a new trial for the ends of justice. The petitioner's arguments are more appropriate for appeal.

Court Disposition

Petition for new trial dismissed with costs to respondent.

Orders

  • Petition for new trial dismissed
  • Costs awarded to respondent