Godly v Ahwan (SCA 26 of 1994) [1995] SCCA 8 (19 October 1995)

IN THE SEYCHELLES COURT OF APPEAL DIDIER GEORGES GOI)LEY OF NORTH EAST POINT APPELLANT VERSUS LEVY AH WAN 1ST RESPONDENT GRACIA BASTIENNE rr7 1"•• r" rn 240) RESPONDENT rl 3. ANNE MAGNAN D RESPONDENT Civil _Appeal No. 26 ._of 1994 RULING Mr. Valabh.ii has made an ap p lication to the Supreme Court to intervene in this matter at the request of a person who claims to be entitled to a share by inheritance in the estate of Jean Fereol Hoareau. This application which is to be heard in January next is misconceived since the Supreme Court is functus officio in this matter which has already been adjudicated upon by the Court and which adjudication is the subject of an appeal to this Court. Mr. Valabh,ji has now filed a similar application to this Court. He fairly conceded that the Rules of Procedure do not provide for such an application to the Appellate Court but submitted that the ends of justice justify the intervention of a party who has an interest in the land under reference. Mr. Hodoul who appears for the Appellant abided by the decision of : this Court but Mr. Boulle who appeared for the 1st Respondent and Mr. Lucas who appeared for the 2nd and 3rd Respondents objected to the application. They however -2- concede that as the applicant was not a party to the initial p roceedings, she could enter fresh proceedings. It is no doubt clear that if the ap p licant were minded initiate action in separate proceedin g s there is a to likelihood of conflicting judgments and the determination of how the land under reference should devolve would be a protracted exercise. However, we are of the view that the present application is not receivable. If the application were granted all the parties would have to plead anew and evidence may have to he adduced. This Court would thus become a Court of first instance. The application is therefore refused. Dated the lg day of October, 1995. Gel---- (1A-c4A tea4 , cif- Coq, L) lvt (JUSTICE OF APPEAL) (JUSTICE OF APPEAL)