Automated Summary
Key Facts
The Supreme Court of Seychelles granted leave to serve summons on defendants residing in Australia under Articles 47(4) and 30 of the Seychelles Code of Civil Procedure. The court determined the subject matter (immovable property in Seychelles) met the criteria for service outside the jurisdiction under Article 48(a). Plaintiffs Norbert Bouchereau & Ors successfully demonstrated a good cause of action and that defendants are Seychelles citizens despite their current Australian addresses.
Issues
The court considered an application for leave to serve defendants outside the jurisdiction (Australia) under the Seychelles Code of Civil Procedure. The key legal question was whether the case met the requirements of Article 48(a) (subject matter is immovable property within the jurisdiction) and Article 49 (adequate cause of action and defendant citizenship). Initial deficiencies in the affidavit regarding cause of action and citizenship were resolved through oral evidence, leading to approval of service out of jurisdiction.
Holdings
The court determined that service out of the jurisdiction is permissible under Article 48(a) of the Seychelles Code of Civil Procedure, as the subject matter of the suit involves land or immovable property situated within the jurisdiction. Additionally, the court confirmed that the plaintiffs have a good cause of action and that the defendants are Seychelles citizens, addressing initial omissions in the supporting affidavit through oral evidence.
Remedies
On the strength of the affidavit evidence, motion is allowed, and accordingly, leave is granted to issue summons, that is, plaint with summons pursuant to Article 47 (4) of the Seychelles Code of Civil Procedure, and to serve upon the defendants at their address in Australia in accordance with Article 30 read with Article 47 (1) of the Seychelles Code of Civil Procedure.
Legal Principles
The court allowed service of summons outside the Seychelles jurisdiction under Article 48(a) of the Seychelles Code of Civil Procedure, which permits such service when the subject matter of the suit is immovable property situated within the jurisdiction. The ruling confirmed the plaint met this requirement as it concerned land in Seychelles and clarified omissions in the supporting affidavit regarding the plaintiffs' good cause of action and the defendants' Seychelles citizenship.
Cited Statute
Seychelles Code of Civil Procedure
Judge Name
B. Adeline
Passage Text
- Having thoroughly read the plaint, I am satisfied, that service outside the jurisdiction should be allowed, given that the plaint falls within the ambit of Article 48 (a) in that, "the whole subject matter of the suit is Land or immovable property situated within the jurisdiction".
- Therefore, on the strength of the affidavit evidence, motion is allowed, and accordingly, leave of this Court is granted to issue summons... in accordance with Article 30 read with Article 47 of the code.