The Attorney General v Dodin (CS 86 of 2022) [2023] SCSC 516 (10 July 2023)

The Attorney General v Dodin (CS 86 of 2022) [2023] SCSC 516 (10 July 2023)

There is no abuse of process in the plaintiff re-filing the present suit after previous dismissals for non-appearance, as section 64 of the Seychelles Code of Civil Procedure permits a fresh suit in such circumstances and no prejudice to the defendant was shown.

Citation
[2023] SCSC 516
Parties
Plaintiff: The Attorney General; Defendant: Daniel Dodin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 July 2023
Case Number
CS 86 of 2022
Procedural Posture
Civil / Ruling on Plea in Limine Litis
Outcome
Plea In Limine Litis dismissed
Legal Topics
Abuse of Process, Re Filing of Suit, Dismissal for Non Appearance
Source Language
English
Civil Procedure Abuse of Process Re Filing of Suit Dismissal for Non Appearance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

The Attorney General

Plaintiff

Daniel Dodin

Defendant

Procedural Posture

Civil / Ruling on Plea in Limine Litis

Legal Issues

  1. 1 Whether the re-filing of a plaint after previous dismissals or adjournments amounts to an abuse of process of court

Ratio Decidendi

There is no abuse of process in the plaintiff re-filing the present suit after previous dismissals for non-appearance, as section 64 of the Seychelles Code of Civil Procedure permits a fresh suit in such circumstances and no prejudice to the defendant was shown.

Court Disposition

Plea In Limine Litis dismissed

Orders

  • The Plea In Limine Litis is dismissed.