Mahe Design and Build (Ply) Ltd v Hoevers (CS 13 of 2022) [2024] SCSC 15 (14 February 2024)

Mahe Design and Build (Ply) Ltd v Hoevers (CS 13 of 2022) [2024] SCSC 15 (14 February 2024)

The Court cannot review or vary its prior order allowing the Defendant to file Defence on the merits as it is functus officio on that issue; the Plaintiff's application for judgment is denied.

Citation
[2024] SCSC 15
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 February 2024
Case Number
CS 13 of 2022
Procedural Posture
Civil / Post Ruling on Plea in Limine; Application for Judgment Based on Alleged Defective Defence
Outcome
Plaintiff's application denied; no order as to costs.
Legal Topics
Pleadings, Defence on the Merits, Functus Officio, Points of Law
Source Language
English
Civil Procedure Pleadings Defence on the Merits Functus Officio Points of Law

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Post Ruling on Plea in Limine; Application for Judgment Based on Alleged Defective Defence

Legal Issues

  1. 1 Whether the Defendant's Defence complied with section 75 of the Seychelles Code of Civil Procedure
  2. 2 Whether the Court can enter judgment for the Plaintiff due to alleged non-compliance
  3. 3 Whether the Court can review or vary its own order regarding filing Defence on the merits

Ratio Decidendi

The Court cannot review or vary its prior order allowing the Defendant to file Defence on the merits as it is functus officio on that issue; the Plaintiff's application for judgment is denied.

Court Disposition

Plaintiff's application denied; no order as to costs.