Soomery & Ors v Celestine (SCA 25 of 2011) [2013] SCCA 9 (3 May 2013)

Soomery & Ors v Celestine (SCA 25 of 2011) [2013] SCCA 9 (3 May 2013)

The Appellant's late filing of heads of argument, without good cause, constitutes misconduct and justifies sanction. However, due to similar late filings in other cases during the session, the court imposed a lesser sanction: the appeal will not be heard in this session but deferred to the next, with costs awarded to the Respondent.

Citation
[2013] SCCA 9
Parties
Appellant: S. Soomery & Ors; Respondent: M. Celestine
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
3 May 2013
Case Number
SCA 25 of 2011
Procedural Posture
Civil Appeal / Interlocutory Ruling on Procedural Compliance
Outcome
Appeal adjourned to next session; costs awarded to Respondent
Legal Topics
Late Filing of Heads of Argument, Court of Appeal Rules, Sanctions for Procedural Non Compliance
Source Language
English
Civil Procedure Late Filing of Heads of Argument Court of Appeal Rules Sanctions for Procedural Non Compliance

Case Brief

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Parties

S. Soomery & Ors

Appellant

M. Celestine

Respondent

Procedural Posture

Civil Appeal / Interlocutory Ruling on Procedural Compliance

Legal Issues

  1. 1 Whether the late filing of heads of argument by the Appellant should result in the appeal being struck out or sanctioned

Ratio Decidendi

The Appellant's late filing of heads of argument, without good cause, constitutes misconduct and justifies sanction. However, due to similar late filings in other cases during the session, the court imposed a lesser sanction: the appeal will not be heard in this session but deferred to the next, with costs awarded to the Respondent.

Court Disposition

Appeal adjourned to next session; costs awarded to Respondent

Orders

  • Appeal not to be heard in this session
  • Appeal to be listed for hearing in the next session