Fanchette v Attorney General ((CS 84/2022) [2023] SCSC 686) [2023] SCSC 686 (15 September 2023)

The preliminary objection to dismiss the Plaint based on a document not admitted into evidence cannot be upheld; the dispute in facts must be resolved through evidence.

Citation: [2023] SCSC 686
Parties: Plaintiff: Plaintiff; Defendant: Defendant
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 15 September 2023
Case Number: (CS 84/2022) [2023] SCSC 686
Procedural Posture: Civil / Preliminary Objection Ruling
Outcome: Preliminary objections dismissed with costs.
Legal Topics: Variation of Employment Terms, Preliminary Objections, Plea in Limine Litis
Source Language: English

Employment Law Delict Variation of Employment Terms Preliminary Objections Plea in Limine Litis

Case Brief

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Parties

Plaintiff

Defendant

Procedural Posture

Civil / Preliminary Objection Ruling

Legal Issues

1 Whether the Plaint discloses a reasonable cause of action under section 92 of the SCCP
2 Whether the variation of employment terms was illegal, unlawful, and unilateral
3 Whether the case can be dismissed ex facie the pleadings based on a document not admitted into evidence

Ratio Decidendi

The preliminary objection to dismiss the Plaint based on a document not admitted into evidence cannot be upheld; the dispute in facts must be resolved through evidence.

Court Disposition

Preliminary objections dismissed with costs.

Orders

Application to dismiss the Plaint based on preliminary objection (a) is dismissed as withdrawn.
Application to dismiss the Plaint based on preliminary objection (b) is dismissed with costs.