Application for extension of time to file the notice of appeal outside the statutory period - Rules 18 (1) and 26 of the Seychelles Court of Appeal Rules, 2005, as amended - No good cause shown – Application dismissed
IN THE COURT OF APPEAL OF SEYCHELLES
Referral of case to the Constitutional Court; whether the right of retrocession violates Article 26 (Right to property) of the Constitution:
Application denied. Art 817-1 grants only a right to the proceeds of sale of the co-owned property and not a right in property itself; it is not a real right.
Invalidity of an affidavit filed in support of a constitutional petition
IN THE COURT OF APPEAL OF SEYCHELLES
Application to reconsider costs awarded in decision already delivered- Court of appeal- inherent jurisdiction- inherent power
IN THE COURT OF APPEAL OF SEYCHELLES
Courts - setting aside of judgments- Supreme Court - jurisdiction - Article 125 of the Constitution - Courts Act - superior court of unlimited jurisdiction - substantive inherent jurisdiction at Common Law - jurisdiction conferred by Courts Act as transposed to the Court of Appeal by force of Constitutional provisions - all courts are invested with inherent powers to give effect to the whole of their jurisdiction - Court of Appeal - inherent power - procedural inherent jurisdiction - authority to reopen a judgment and rehear a matter - if the criteria for setting aside have been met - abuse of the process of the Court of Appeal. The Judgment is declared null. Hearing of the appeal is set aside. No order as to the costs
COURT OF APPEAL OF SEYCHELLES
The matter brought by the Petitioner was adequately dealt with by a competent court. The Petition amounts to an abuse of the court process. The objections are upheld and the Petition is dismissed with costs.
CONSTITUTIONAL COURT OF SEYCHELLES
grounds of appeal in breach of Rule 18(7) of the Seychelles Court of Appeal Rules – vague and general grounds of appeal tantamount to no grounds of appeal
IN THE SEYCHELLES COURT OF APPEAL
Compulsory acquisition of land – remedies under Part III of Schedule 7 to the Constitution; calculation of deductions- locus standi
IN THE COURT OF APPEAL OF SEYCHELLES
Contract-Breach of construction contract-Public Policy. Where a contract is not ex facie illegal and one party’s conduct violates public policy, the innocent party can claim under the contract
IN THE COURT OF APPEAL OF SEYCHELLES
Compulsory acquisition of land – Part III of Schedule 7 to the Constitution
CAROLUS J (GOVINDEN CJ & VIDOT J concurring)
Background
