Labiche v Henriette (SCA 9 of 1997) [1997] SCCA 27 (28 November 1997)

/ IN THE SEYCHELLES COURT OF APPEAL WINSLEY & TELMA LABICHE APPELLANTS VERSUS MILANO HENRIETTE RESPONDENT ........ '" '" " .. '" , (Bifore: Goburdhun P, Silungwe, and Adam, JJA) .--_ ?,-:.; ...~\ Civil Appeal No.9 of 1997 Mr. J. Renaud for the Appellants Mrs. Nicole Tirant-Gherardi for the Respondent ---------------------------------------------------------------------- JUDGMENT OF THE COURT BY CONSENT \, '<r.~ i u.! , I ' \ /_.1<:: ~ The Appellants sought an Order from this Court setting aside the judgment of Bwana J on the grounds that:- (i) he had made an Order that Antoine Robinson pays rent or any other money accruing from the house to J oinville Henriette that had not been prayed for by either party to the action and that; (ii) the evidence on record particularly about the ownership of the house is contrary to the findings of the trial Judge. At the hearing before this Court we were asked by consent of the parties to make the following Order:- (i) that the Appellants withdraw the second ground of appeal. --- ..•. (ii) that the Respondent concedes that the Order made by Bwana J regarding payment of rent or any money to Joinville Henriette was ultra petita and therefore null and void. (iii) that each party to pay its own costs. Dated at Victoria this .28fi. day of f\ ..;V tl..~ )K- 1997 . H. GOBURDHL'N .\. SILUNGWE PRESIDENT JUSTICE OF APPEAL JUSTICE OF APPEAL .\~. ......................... C-\ C~l-,~ -~ IN THE SEYCHELLES COURT OF APPEAL Winsley LABICHE & OR APPELLANTS VERSUS Milano HENRIETTE RESPONDENT Civil Appeal No.6 of 1997 JUDGEMENT BY CONSENT The Parties enter Judgement as follows: (i) The Appellants withdraw the second ground of appeal. (ii) The Respondent concedes that the order made by the learned trial Judge on 12th February, 1997 that: "As per an order of this court dated 9th March 1994 ordering the tenant of that house, one Antoine Robinson, to pay the rent (of Rs.l ,8001- per month) to the Registry of the Supreme Court, the said rent money or any other money accruing from this house now be given to Joinville Henriette," is Ultra Petita and therefore null and void. Each party is to pay its own costs. WHEREFORE accordingly. the parties pray this honorable court to enter judgement Dated this day of November, 1997 JOHNMR Attorney for the Appellants NICOLE TlRANT Attornev for the Respondent ••••••• _ I "''-- •• .., Supreme Court' OF SEYCHELLES 2 fl NOV 1997 HE EIYED