Albert v Carolla (CS 147/2000) [2004] SCSC 31 (9 February 2004)

Albert v Carolla (CS 147/2000) [2004] SCSC 31 (9 February 2004)

There is no provision in law permitting a motion to be made after an ex parte hearing but before judgment is delivered to prevent delivery of judgment and allow the defendant to defend. The defendant must wait for judgment to be delivered and then apply to set it aside under the prescribed procedure.

Citation
[2004] SCSC 31
Parties
Plaintiff: Reyma Albert; Defendant: Terry Carolla
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 February 2004
Case Number
CS 147/2000
Procedural Posture
Civil / Ruling on Defendant's Motion to Vacate Ex Parte Hearing Before Judgment
Outcome
Defendant's motion dismissed as premature
Legal Topics
Ex Parte Proceedings, Setting Aside Judgment, Right to Be Heard
Source Language
English
Civil Procedure Ex Parte Proceedings Setting Aside Judgment Right to Be Heard

Case Brief

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Parties

Reyma Albert

Plaintiff

Terry Carolla

Defendant

Procedural Posture

Civil / Ruling on Defendant's Motion to Vacate Ex Parte Hearing Before Judgment

Legal Issues

  1. 1 Whether a defendant can move to set aside an ex parte hearing before judgment is delivered
  2. 2 Whether the defendant's motion to vacate the ex parte hearing is competent under the Seychelles Code of Civil Procedure

Ratio Decidendi

There is no provision in law permitting a motion to be made after an ex parte hearing but before judgment is delivered to prevent delivery of judgment and allow the defendant to defend. The defendant must wait for judgment to be delivered and then apply to set it aside under the prescribed procedure.

Court Disposition

Defendant's motion dismissed as premature

Orders

  • Defendant's motion to vacate ex parte hearing before judgment is dismissed