Payet v Gregeoire's (Pty) Ltd (MC 87/2020) [2021] SCSC 925 (23 June 2021)

Payet v Gregeoire's (Pty) Ltd (MC 87/2020) [2021] SCSC 925 (23 June 2021)

The rule prohibits counsel representing a party in active litigation from swearing affidavits for that party in the same case. Since Mr. Derjacques was not representing the petitioner in this matter, the affidavit is not defective. The plea in limine is dismissed.

Citation
[2021] SCSC 925
Parties
Petitioner: Brigitte Payet; Respondent: Gregoire's Company (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 June 2021
Case Number
MC 87/2020
Procedural Posture
Civil Companies Act Application / Ruling on Plea in Limine
Outcome
Plea in limine dismissed with costs to the petitioner.
Legal Topics
Affidavits, Legal Ethics, Representation, Defective Proceedings
Source Language
English
Company Law Civil Procedure Affidavits Legal Ethics Representation Defective Proceedings

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Brigitte Payet

Petitioner

Gregoire's Company (Pty) Ltd

Respondent

Procedural Posture

Civil Companies Act Application / Ruling on Plea in Limine

Legal Issues

  1. 1 Whether an affidavit sworn by the petitioner's former lawyer renders the application defective

Ratio Decidendi

The rule prohibits counsel representing a party in active litigation from swearing affidavits for that party in the same case. Since Mr. Derjacques was not representing the petitioner in this matter, the affidavit is not defective. The plea in limine is dismissed.

Court Disposition

Plea in limine dismissed with costs to the petitioner.

Orders

  • The plea in limine is dismissed.
  • Costs awarded to the petitioner.