Erne v Brain & Ors (MA 230/2016; MA 290/2015) [2017] SCSC 10 (12 January 2017)

Erne v Brain & Ors (MA 230/2016; MA 290/2015) [2017] SCSC 10 (12 January 2017)

The application to amend the plaint and the suit itself were struck out because the supporting affidavit was invalid, the annexed survey report was improperly appended, and the plaint was ambiguous and failed to disclose a cause of action.

Source-derived case information.

Citation
[2017] SCSC 10
Parties
Plaintiff: Ruth Erne; 1st Defendant: Julia Brain; 2nd Defendant: Mary Nicette; 3rd Defendant: Anita Nicette; 4th Defendant: Laura Nicette; 5th Defendant: Jourdanne Nicette; 6th Defendant: Mary May Nicette
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 January 2017
Case Number
MA 230/2016 ; MA 290/2015
Procedural Posture
Civil Suit / Ruling on Application to Amend Plaint and Incidental Demand
Outcome
Application and suit struck out with costs
Legal Topics
Right of Way, Amendment of Pleadings, Affidavit Validity, Cause of Action
Source Language
english
Civil Procedure Property Law Right of Way Amendment of Pleadings Affidavit Validity Cause of Action

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ruth Erne

Plaintiff

Julia Brain

1st Defendant

Mary Nicette

2nd Defendant

Anita Nicette

3rd Defendant

Laura Nicette

4th Defendant

Jourdanne Nicette

5th Defendant

Mary May Nicette

6th Defendant

Procedural Posture

Civil Suit / Ruling on Application to Amend Plaint and Incidental Demand

Legal Issues

  1. 1 Whether the Plaintiff's application to amend the plaint is procedurally valid
  2. 2 Whether the affidavit supporting the amendment is valid
  3. 3 Whether the plaint discloses a cause of action

Ratio Decidendi

The application to amend the plaint and the suit itself were struck out because the supporting affidavit was invalid, the annexed survey report was improperly appended, and the plaint was ambiguous and failed to disclose a cause of action.

Court Disposition

Application and suit struck out with costs

Orders

  • Incidental demand struck out
  • Suit struck out under section 92 of the Seychelles Code of Civil Procedure