Vanacore v Port-Louis & Anor (MA 139/2010) [2011] SCSC 36 (31 May 2011)

Vanacore v Port-Louis & Anor (MA 139/2010) [2011] SCSC 36 (31 May 2011)

Despite procedural deficiencies, the interests of justice and lack of prejudice to respondents justify allowing the amendment to add the partnership as a defendant before trial.

Source-derived case information.

Citation
[2011] SCSC 36
Parties
Applicant: Veronique Vanacore; Respondent: Daniel Port-Louis; Respondent: Kevin Meme
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 May 2011
Case Number
MA 139/2010
Procedural Posture
Civil / Ruling on Application to Amend Plaint
Outcome
Application allowed
Legal Topics
Amendment of Pleadings, Joinder of Parties
Source Language
english
Civil Procedure Amendment of Pleadings Joinder of Parties

Source-derived case record

Summary, issues, holding and outcome

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Parties

Veronique Vanacore

Applicant

Daniel Port-Louis

Respondent

Kevin Meme

Respondent

Procedural Posture

Civil / Ruling on Application to Amend Plaint

Legal Issues

  1. 1 Whether the applicant can amend the plaint to add a new defendant (a partnership firm) before trial
  2. 2 Whether the application is procedurally and evidentially sufficient

Ratio Decidendi

Despite procedural deficiencies, the interests of justice and lack of prejudice to respondents justify allowing the amendment to add the partnership as a defendant before trial.

Court Disposition

Application allowed

Orders

  • Permission granted to add Design Build as defendant no 1, with present defendants re-designated as defendants no 2 and no 3.
  • Applicant to pay costs of the application to defendants no 2 and no 3.