Cailachame v Monthy (CS 44/2017) [2018] SCSC 8109 (11 March 2018)

Cailachame v Monthy (CS 44/2017) [2018] SCSC 8109 (11 March 2018)

The claim is prescribed by operation of law as it was filed more than five years after the cause of action arose, and no grounds for interruption or suspension of prescription were shown.

Citation
[2018] SCSC 8109
Parties
Plaintiff: Samicannou Cailachame; Defendant: Serge Monthy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 March 2018
Case Number
CS 44/2017
Procedural Posture
Civil / Ruling on Plea in Limine
Outcome
Petition dismissed as time-barred.
Legal Topics
Limitation Periods, Prescription, Plea in Limine
Source Language
English
Civil Procedure Limitation Periods Prescription Plea in Limine

Case Brief

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Parties

Samicannou Cailachame

Plaintiff

Serge Monthy

Defendant

Procedural Posture

Civil / Ruling on Plea in Limine

Legal Issues

  1. 1 Whether the plaintiff's claim is time-barred by prescription under Article 2271 of the Civil Code of Seychelles

Ratio Decidendi

The claim is prescribed by operation of law as it was filed more than five years after the cause of action arose, and no grounds for interruption or suspension of prescription were shown.

Court Disposition

Petition dismissed as time-barred.

Orders

  • Petition dismissed
  • No order as to costs