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
Summary, issues, holding and outcome
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Parties
Seychelles Marketing Board
Applicant
Bingham
Respondent
Procedural Posture
Civil Motion / Application for Leave to Appeal Out of Time
Legal Issues
- 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
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