Govinden and Another v Pointe and Others (315 of 2003) [2006] SCSC 53 (4 July 2006)

IN THE SUPREME COURT OF SEYCHELLES IN THE SUPREME COURT OF SEYCHELLES SAMIA GOVINDEN SAMIA GOVINDEN SELBY POINTE SELBY POINTE RICHARD BAKER RICHARD BAKER 1.1. RONNY GOVINDEN RONNY GOVINDEN v.sv.s 1.1. FRANCIS POINTE FRANCIS POINTE Civil Side No:    315 of 2003 Civil Side No:    315 of 2003 Mrs. S. Govinden for the plaintiff Mrs. S. Govinden for the plaintiff Mr. Juliette for the defendants Mr. Juliette for the defendants GASWAGA, J. GASWAGA, J. JUDGMENT JUDGMENT On the 21stst On the 21 Rs.55,000 from the defendants was filed in this Court and thereafter duly Rs.55,000 from the defendants was filed in this Court and thereafter duly November 2003 a plaint, praying for damages in the sum of November 2003 a plaint, praying for damages in the sum of served on all the defendants who did not file a statement of defence.    At the served on all the defendants who did not file a statement of defence.    At the last sitting of 5thth last sitting of 5 who was at the time appearing for the second defendant withdrew from who was at the time appearing for the second defendant withdrew from February 2006 when the case was to be heard Mr. Juliette February 2006 when the case was to be heard Mr. Juliette conducting his said client’s case for lack of instructions.    Since the other two conducting his said client’s case for lack of instructions.    Since the other two defendants had not also attended court nor instructed lawyers, the case defendants had not also attended court nor instructed lawyers, the case remained undefended whereupon Mrs. Govinden for the plaintiffs applied for remained undefended whereupon Mrs. Govinden for the plaintiffs applied for Seychelles Code of Civil Procedure judgment in terms of section 128 of the Seychelles Code of Civil Procedure judgment in terms of section 128 of the Cap 213.. Cap 213 Accordingly, judgment is hereby given under section 128 (supra) for the Accordingly, judgment is hereby given under section 128 (supra) for the plaintiffs and against all the defendants jointly and severally in the sum of plaintiffs and against all the defendants jointly and severally in the sum of Rs.55,000 with interest thereon and costs of the suit. Rs.55,000 with interest thereon and costs of the suit. ……………………….. ……………………… D. GASWAGA D. GASWAGA JUDGE JUDGE Dated this    5thth Dated this    5 day of July 2006 day of July 2006