Seychelles Pension Fund v Poiret & Ors (MA 222/2018) [2018] SCSC 8264 (19 September 2018)
The application is incompetent because the defendants in the suits sought to be consolidated are not the same, contrary to section 106 of the Seychelles Code of Civil Procedure.
Source-derived case information.
- Citation
- [2018] SCSC 8264
- Parties
- Applicant: Seychelles Pension Fund; Applicant: Marie-Ange Waye-Hive; Respondent: Barbara Mathilda Karen Poiret
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- MA 222/2018
- Procedural Posture
- Civil / Ruling on Application for Consolidation
- Outcome
- application struck out with costs
- Legal Topics
- Consolidation of Suits, Competence of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Seychelles Pension Fund
Applicant
Marie-Ange Waye-Hive
Applicant
Barbara Mathilda Karen Poiret
Respondent
Procedural Posture
Civil / Ruling on Application for Consolidation
Legal Issues
- 1 Whether the application for consolidation under section 106 of the Seychelles Code of Civil Procedure is competent when the defendants are not the same in both suits
Ratio Decidendi
The application is incompetent because the defendants in the suits sought to be consolidated are not the same, contrary to section 106 of the Seychelles Code of Civil Procedure.
Court Disposition
application struck out with costs
Orders
- The application is struck out with costs in favour of the respondents.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHELLES Civil Side no: MA222/2018 (Arising in CS no. 15 of 2018) _____________________________________________________________________ [2018] SCSC 846 SEYCHELLES PENSION FUND VS BARBARA MATHILDA KAREN POIRET & ORS _____________________________________________________________________ Heard: 20 September 2018 Counsel: Mr ChangLeng for the Applicants Mr Rouillon for the Respondents Delivered: 20 September 2018 _____________________________________________________________________ ORDER _____________________________________________________________________ R. Govinden, J 1. This is an application filed by the Seychelles Pension Fund and Marie-Ange Waye-Hive against several other defendants. It is filed under section 106 of the Seychelles Code of Civil Procedure. I have heard learned counsels for both sides. 2. I have scrutinized the notice of motion and affidavit. 3. Having done so and having read Srction 106 of the Seychelles Code of Civil Procedure I find that the application is incompetent. Section 106 of the Seychelles Code of Civil Procedure reads as follows: “If more than one suit has been entered by the same plaintiff against the same defendant or if more than one suit has been entered by different plaintiffs against the same defendant in respect of the same plaint arising out of the same transaction or series of transaction etc”. 4. These two suits that have been averred in the affidavit in support of the application having indeed been entered by the same plaintiffs but the defendants are dissimilar and different. This runs contrary to the provisions of section 106 of the Seychelles Code of Civil Procedure. I am of the view that in a matter for consolidation the suits in all the cases to be consolidated must be in respect of the same defendants and this is not the case in this particular matter. It cannot be consolidated. Though the claim is the same the defendants are different. 5. So I will struck out this application with costs in favour of the other side. Signed, dated and delivered at Ile du Port on 20 September 2018. R. Govinden JUDGE 2