University of Sey v Ag (SCA 11 of 2013) [2015] SCCA 16 (16 April 2015)
The Memorandum of Understanding signed after the Charter implicitly cured, confirmed, and ratified the precedence of prior transactions and specifically provided that disputes should be settled by arbitration before resorting to court.
Source-derived case information.
- Citation
- [2015] SCCA 16
- Parties
- Appellant: University of Seychelles American Institute of Medicine Incorporation Limited; Respondent: The Attorney General
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 11 of 2013
- Procedural Posture
- Civil Appeal / Appeal From Supreme Court Decision
- Outcome
- Appeal allowed
- Legal Topics
- Memorandum of Understanding, Arbitration Clause, Ratification of Transactions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
University of Seychelles American Institute of Medicine Incorporation Limited
Appellant
The Attorney General
Respondent
Procedural Posture
Civil Appeal / Appeal From Supreme Court Decision
Legal Issues
- 1 Whether the Memorandum of Understanding ratified prior transactions
- 2 Whether disputes must be settled by arbitration before court proceedings
Ratio Decidendi
The Memorandum of Understanding signed after the Charter implicitly cured, confirmed, and ratified the precedence of prior transactions and specifically provided that disputes should be settled by arbitration before resorting to court.
Court Disposition
Appeal allowed
Orders
- Disputes to be settled by arbitration before court proceedings
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL [Coram: F. MacGregor (PCA) , S. Domah (J. A) , M. Twomey (J. A) ] Civil Appeal SCA 1112013 (Appeal from Supreme Court Decision 97/2011) University of Seychelles American Institute of Medicine Incorporation Limited Appellant The Attorney General Respondent Versus Heard: 10 April 2015 Counsel: Mr. A. Derjacques for Appellant Mr. D. Esparon for Respondent Delivered: 17 April 2015 F. MacGregor (PCA) JUDGMENT [1] I have read the Judgment of my learned brother, Justice Domah, and agree with it, save that I am also of the opinion that in this case the Memorandum of Understanding signed between the parties which came after the Charter, implicitly cured, confirmed and ratified the precedence of transactions before - it, if at all there were wanting and defective in any way. [2] It is clearly a document of legal obligation between two proper legal personalities which in effect specifically provides that any dispute should be settled by all means through arbitration before going to court. F. MacGregor (peA) Signed, dated and delivered at Palais de Justice, IIe du Port on ] 7 April 20]5 - 2