Maria v Pelisier (MA 280 of 2023) [2024] SCSC 157 (29 July 2024)

Maria v Pelisier (MA 280 of 2023) [2024] SCSC 157 (29 July 2024)

The application to amend the plaint is partly allowed because the respondent's affidavit in reply is defective and cannot be relied upon. However, claims for damages for costs incurred in fixing the vehicle are disallowed due to lack of supporting documents. Only amendments showing poor workmanship are permitted.

Source-derived case information.

Citation
[2024] SCSC 157
Parties
Plaintiff: Plaintiff (Applicant); Defendant: BP Injection Services (1st Respondent); Defendant: 2nd Respondent; Defendant: 3rd Respondent; Defendant: 4th Respondent
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 July 2024
Case Number
MA 280 of 2023
Procedural Posture
Civil / Application for Leave to Amend Plaint
Outcome
Application partly allowed
Legal Topics
Amendment of Pleadings, Affidavit Requirements, Jurisdiction, Damages
Source Language
english
Civil Procedure Amendment of Pleadings Affidavit Requirements Jurisdiction Damages

Source-derived case record

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 13 Party arguments 2
Sign in to unlock

Parties

Plaintiff (Applicant)

Plaintiff

BP Injection Services (1st Respondent)

Defendant

2nd Respondent

Defendant

3rd Respondent

Defendant

4th Respondent

Defendant

Procedural Posture

Civil / Application for Leave to Amend Plaint

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend the plaint to include additional claims for costs and losses discovered after the vehicle was returned
  2. 2 Whether the respondent's affidavit in reply is valid and can be relied upon

Ratio Decidendi

The application to amend the plaint is partly allowed because the respondent's affidavit in reply is defective and cannot be relied upon. However, claims for damages for costs incurred in fixing the vehicle are disallowed due to lack of supporting documents. Only amendments showing poor workmanship are permitted.

Court Disposition

Application partly allowed

Orders

  • Applicant may amend plaint as directed by the court, limited to showing poor workmanship and not to include claims for damages for fixing the vehicle or unsupported losses.
  • No order as to costs.