Lablache v Lablache (CC 19 of 2025) [2025] SCSC 77 (23 May 2025)

The plaint is procedurally defective as the digital signature cannot be authenticated and there is no policy in place for digital signatures; however, the defect can be cured by amendment with a wet-ink signature.

Citation: [2025] SCSC 77
Parties: Plaintiff: Plaintiff; Defendant: Defendant
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 23 May 2025
Case Number: CC 19 of 2025
Procedural Posture: Civil / Ruling on Preliminary Objection
Outcome: Leave to amend plaint granted
Legal Topics: Digital Signatures, Electronic Filing, Procedural Defects
Source Language: English

Civil Procedure Technology Law Digital Signatures Electronic Filing Procedural Defects

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Plaintiff

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

1 Whether a digital signature satisfies the requirement for signing pleadings under section 24 of the Seychelles Code of Civil Procedure
2 Whether the plaint is procedurally defective due to use of a digital signature

Ratio Decidendi

Court Disposition

Leave to amend plaint granted

Orders

Counsel for the Plaintiff is granted leave to amend the plaint with a wet-ink signature and serve a copy on Counsel for the Defendant.
Counsel is warned not to use digital signatures on court documents until proper verification structures are in place.