State Assurance Corporation v Fontaine (SCA 19 of 1996) [1996] SCCA 33 (28 October 1996)

SITTING IN THE SEYCHELLES COURT OF APPEAL ON MONDAY THE 28TH DAY OF OCTOBER 1996 AT 9.00 AM BEFORE THEIR LORDSHIPS E. O. AYOOLA, JA, L. E. VENCHARD JA, M. A. ADAM JA STATE ASSURANCE CORPORATION V GUSTAVE FONTAINE IP s E c .4?), Civil Appeal No. 19-of T996 Mr. K. Shah for the appellant - intervener Mr. P. Boulle for the respondent Ruling We think there is merit in this application for leave to appeal as an interested party in this matter and to file a notice of appeal out of time. The facts relied on by the appellant have not been denied. We do not think on the facts of this case section 10(2) of Cap 135 automatically precludes this court from exercising a discretion to allow an insurer to appeal as an interested person from a judgment. We find that the appellant has sufficient interest in the matter and has adequately explained reasons for the delay in appealing. The proposed grounds of appeal show that there are prima facie grounds why the appeal should be heard. The application is granted and we order as prayed. Notice of appeal to be filed within 14 days. t1.4“ -' I p,,,.. 12/7 tAint, E. O AYOOLA Justice of Appeal L,,4) L. E VENCHARD Justice of Appeal (-\-__ 4\7----\- ' CI- M A ADAM Justice of Appeal