Albert v Kolsh & Ors (CS 91 of 2019) [2023] SCSC 243 (31 March 2023)

SUPREME COURT OF SEYCHELLES Reportable [2023] SCSC ~ CS9112019... ') 11 '3 Plaintiffs In the matter between: GARY ALBERT & ORS (rep by Miss Christen) Versus MARIE MAY KOLSH & Ors (rep. by Mr Daniel Cesar) Defendants Neutral Citation: Before: Heard: Delivered: Albert v Kolsh & Or CS 91/2019) [2023] scsc-z Lf.3 31 March 2023). Govinden CJ, 31 March 2023 31 March 2023 .-~. .".=~~ - RULING GOVINDEN CJ [1] The Plaintiffs has closed their cases in this matter and it is fixed for defence case to be heard today and on the 3rdand 4th of April 2023. [2] The Counsel for the 2nd,s=, 4th and 5th Defendants has informed the Court that he is not going to call any evidence, but would require the presence of the 15t Defendant so that that she be cross examined. [3] On the other hand Mr Cesar for the 151 Defendant has informed this Court that he intends to lead the evidence of the 151 Defendant, but however due to predicaments that she finds herself in she is unable to testify viva voce, but she is ready and willing to give evidence by video link. Her impediment, as it appears in an email that she has send to the Registrar of this Court, is that her husband is sick and she needs to be by his bedside. Based on this fact Learned Counsel submitted that she is not able to lead her evidence today. [4] Counsel for the Plaintiffs takes objections to this application and submitted that this is not good reasons for an adjournment as this is being put forward at the last hour, especially when it appears the 151 Defendant was aware well ahead that she will not be able to testify today. To Counsel, this is clearly an abdication under the provisions of the Civil Code of Seychelles, when it comes to the fiduciary duties of the 15t Defendant. According to Learned Counsel this failure to comply with the obligations has manifested itself throughout in these proceedings. [5] I have carefully and diligently considered the several submissions before me. I have done so with a view to balance the requirements of fairness to all sides whilst at the same time being mindful that all the facts that will allow this Court to come to a just determination, is put on record. ~.- __ """_o,;~6} ,,,Fofllt. G0Se..reasons ~will tg<Fant~n-adj ournment to-ehe-l~Defefldant~ut~n1;r...up.ote~enda y the 3rd of April 2023 on which day her evidence shall be led by video link evidence upon application made by Counsel. [7] I will direct the Registrar of the Supreme Court to do the needful so that all the technical requirements and necessities are put in place so that the said hearing takes place. Signed, dated and delivered at Ile du Port on 31 March 2023 Govinden CJ 2