Mancienne v Schitzenbaumer (CS 96/2013) [2016] SCSC 89 (17 February 2016)

Suit was instituted against a person already deceased, making it incompetent ab initio; mandatory service of summons on substituted defendants was not effected, so no valid proceedings commenced.

Citation: [2016] SCSC 89
Parties: Plaintiff: Richard Mancienne; 1st Defendant: Sebastian Schitzenbaumer; 2nd Defendant: Christian Schitzenbaumer; 3rd Defendant: Florian Schitzenbaumer
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 17 February 2016
Case Number: CS 96/2013
Procedural Posture: Civil / Ruling on Plea in Limine Litis and Substitution
Outcome: Suit dismissed in its entirety.
Legal Topics: Substitution of Parties, Suit Against Deceased Person, Service of Summons, Executorship, Specific Performance, Refund of Deposit
Source Language: English

Civil Procedure Succession Law Substitution of Parties Suit Against Deceased Person Service of Summons Executorship Specific Performance Refund of Deposit

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Parties

Richard Mancienne

Plaintiff

Sebastian Schitzenbaumer

1st Defendant

Christian Schitzenbaumer

2nd Defendant

Florian Schitzenbaumer

3rd Defendant

Procedural Posture

Civil / Ruling on Plea in Limine Litis and Substitution

Legal Issues

1 Whether suit can be instituted against a deceased person
2 Whether substitution of defendants was proper
3 Whether summons were properly served on substituted defendants

Ratio Decidendi

Suit was instituted against a person already deceased, making it incompetent ab initio; mandatory service of summons on substituted defendants was not effected, so no valid proceedings commenced.

Court Disposition

Suit dismissed in its entirety.