Seibel Service Ltd v Lalande (CA 25/2017) [2018] SCSC 8236 (25 July 2018)

Seibel Service Ltd v Lalande (CA 25/2017) [2018] SCSC 8236 (25 July 2018)

The appeal was dismissed because the appellant was properly served with summons, failed to appear, did not apply to set aside the ex-parte judgment within the statutory period, and filed the appeal out of time without good reason.

Citation
[2018] SCSC 8236
Parties
Appellant: Seibel Services Ltd; Respondent: Alwine Lalande
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 July 2018
Case Number
CA 25/2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Ex Parte Judgment, Service of Summons, Appeal Timelines, Setting Aside Judgment, Subcontract Disputes
Source Language
English
Civil Procedure Contract Law Ex Parte Judgment Service of Summons Appeal Timelines Setting Aside Judgment Subcontract Disputes

Case Brief

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Parties

Seibel Services Ltd

Appellant

Alwine Lalande

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was properly served with summons
  2. 2 Whether the appeal was filed within the prescribed time limit
  3. 3 Whether the appellant was denied an opportunity to be heard

Ratio Decidendi

The appeal was dismissed because the appellant was properly served with summons, failed to appear, did not apply to set aside the ex-parte judgment within the statutory period, and filed the appeal out of time without good reason.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to the respondent