Seychelles Marketing Board v Bingham (CA: In re CS 290/2000 (Magistrates' Court)) [2001] SCSC 27 (12 November 2001)

Seychelles Marketing Board v Bingham (CA: In re CS 290/2000 (Magistrates' Court)) [2001] SCSC 27 (12 November 2001)

The applicant was not present when judgment was delivered and could not have known about it within the prescribed period. The applicant acted within a reasonable time upon learning of the judgment, and sufficient grounds exist to treat the case as exceptional and grant leave to appeal out of time.

Citation
[2001] SCSC 27
Parties
Applicant: Seychelles Marketing Board; Respondent: Bingham
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 November 2001
Case Number
CA: In re CS 290/2000 (Magistrates' Court)
Procedural Posture
Civil Motion / Application for Leave to Appeal Out of Time
Outcome
motion allowed with conditions
Legal Topics
Extension of Time, Leave to Appeal, Delictual Damages
Source Language
English

Case Brief

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Parties

Seychelles Marketing Board

Applicant

Bingham

Respondent

Procedural Posture

Civil Motion / Application for Leave to Appeal Out of Time

  1. 1 Whether the applicant should be granted leave to appeal out of time against the Magistrate's Court judgment

Ratio Decidendi

The applicant was not present when judgment was delivered and could not have known about it within the prescribed period. The applicant acted within a reasonable time upon learning of the judgment, and sufficient grounds exist to treat the case as exceptional and grant leave to appeal out of time.

Court Disposition

motion allowed with conditions

Orders

  • Leave to appeal out of time granted
  • Time extended until 26 November 2001 to file notice of appeal