State Assurance v Ahsan Waye Hive (SCA 46 of 1999) [2000] SCCA 4 (13 April 2000)
The cross-appeal is allowed by consent, varying the Supreme Court judgment to award interest at 4% per annum on the judgment sum from the date of judgment. Costs of the cross-appeal are to be paid by the cross-respondent.
Source-derived case information.
- Citation
- [2000] SCCA 4
- Parties
- Appellant: State Assurance; Respondent: Ahsan Waye-Hive
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 46 of 1999
- Procedural Posture
- Civil Appeal / Appeal Judgment
- Outcome
- appeal struck out, cross-appeal allowed by consent, judgment varied
- Legal Topics
- Withdrawal of Appeal, Cross Appeal, Interest on Judgment Debt, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State Assurance
Appellant
Ahsan Waye-Hive
Respondent
Procedural Posture
Civil Appeal / Appeal Judgment
Legal Issues
- 1 Whether the cross-appeal should be allowed and interest awarded on the judgment sum
- 2 Entitlement to costs of the cross-appeal
Ratio Decidendi
The cross-appeal is allowed by consent, varying the Supreme Court judgment to award interest at 4% per annum on the judgment sum from the date of judgment. Costs of the cross-appeal are to be paid by the cross-respondent.
Court Disposition
appeal struck out, cross-appeal allowed by consent, judgment varied
Orders
- Appeal struck out as withdrawn
- Cross-appeal allowed by consent
Full Case Text
Judgment text and source record
1 paragraphs
Sitting of Thursday 13th April 2000 at 9.00a.m. before their Lordships E. O. Ayoola P, A. G. Pillay J. and K. P. Matadeen J. State Assurance Appellant Ahsan Waye-Hive Respondent SCA No. 46/99 Mr. K. Shah for Appellant Mr. P. Boulle for Respondent Court: The appellant's appeal having been withdrawn is hereby struck out. By Consent the cross appeal is allowed and judgment of the Supreme Court is varied to the extent only that interest be awarded on the sum for which judgment has been entered i.e. R608.091.05, from the date of the judgment at 4% per annum. Costs of the cross-appeal to be paid by the cross respondent. . . E. O. AYOOLA PRESIDENT G. P. S. de SILVA JUSTICE OF APPEAL JUSTICE OF APPEAL KP. MATADEEN