Constitutional Court dismisses petition in Vijay v EEEL case |25 November 2020

The Constitutional Court yesterday dismissed a petition in the case involving Vijay Construction versus the Eastern European Engineering Limited.

This petition arose from the judgment of Carolus J, handed down on June 30, 2020 which declared that the two Orders of the High Court in London were executable in Seychelles. The petitioner (Vijay Construction) appealed the judgment of the Supreme Court in Vijay Construction (Pty) Ltd versus Eastern European Engineering Limited (EEEL) SCA28/2020 which was heard on September 3, 2020 and to which judgment was delivered on October 2, 2020.

The Court of Appeal dismissed the appeal with an order of costs.

In the ruling on the matter delivered yesterday by Justice Gustave Dodin, Judge Laura Pillay and Judge Samia André, the court concluded that the matter brought by the petitioner was adequately dealt with by a competent court. To demonstrate further how the petition amounts to an abuse of the court process, one can also look at the orders being sought by the petitioner. If this court issues the orders being sought, it would effectively reverse the decision of the Court of Appeal. Such a position fails to recognise the hierarchy of the courts’ system and would undermine the effective administration of justice. Consequently, the objections of the respondents are upheld. This petition is dismissed with costs.

Lawyers Bernard Georges and Alexandra Madeleine were present.

Marie-Anne Lepathy