Seychelles International Mercantile Bank v Lesperance & Or (MA 40/2018 Arising in CM 37/2017) [2018] SCSC 8102 (4 March 2018)

Seychelles International Mercantile Bank v Lesperance & Or (MA 40/2018 Arising in CM 37/2017) [2018] SCSC 8102 (4 March 2018)

Section 68 of the Immovable Property Judicial Sales Act must be interpreted in light of the constitutional right to a fair hearing, requiring that the inscribed creditor be served with proceedings and pleadings before the matter proceeds, thus restoring the status quo prior to the reading of the memorandum of charges.

Source-derived case information.

Citation
[2018] SCSC 8102
Parties
Applicant: Seychelles International Mercantile Banking; Respondent: James Lesperance & Or; Inscribed Creditor: DBS (Development Bank of Seychelles)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 March 2018
Case Number
MA 40/2018 Arising in CM 37/2017
Procedural Posture
Application for Rectification of Nullity in Judicial Sale Proceedings / Ruling on Application for Rectification
Outcome
Application allowed with directions to restore proceedings to status quo prior to reading of memorandum of charges and to serve inscribed creditor.
Legal Topics
Rectification of Nullity, Immovable Property Judicial Sale, Right to Fair Hearing, Notice to Inscribed Creditor
Source Language
english
Civil Procedure Property Law Constitutional Law Rectification of Nullity Immovable Property Judicial Sale Right to Fair Hearing Notice to Inscribed Creditor

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Parties

Seychelles International Mercantile Banking

Applicant

James Lesperance & Or

Respondent

DBS (Development Bank of Seychelles)

Inscribed Creditor

Procedural Posture

Application for Rectification of Nullity in Judicial Sale Proceedings / Ruling on Application for Rectification

Legal Issues

  1. 1 Whether proceedings should be rectified due to failure to notify inscribed creditor
  2. 2 Whether Section 68 of the Immovable Property Judicial Sales Act should be interpreted in light of constitutional rights

Ratio Decidendi

Section 68 of the Immovable Property Judicial Sales Act must be interpreted in light of the constitutional right to a fair hearing, requiring that the inscribed creditor be served with proceedings and pleadings before the matter proceeds, thus restoring the status quo prior to the reading of the memorandum of charges.

Court Disposition

Application allowed with directions to restore proceedings to status quo prior to reading of memorandum of charges and to serve inscribed creditor.

Orders

  • Applicant to file documents with the Registry and serve upon the inscribed creditor.
  • Proceedings to revert to status prior to reading of memorandum of charges under Section 28 of the Act.