University of Sey v Ag (SCA 11 of 2013) [2015] SCCA 16 (16 April 2015)

Jurisdiction
Seychelles
Citation
University of Sey v Ag (SCA 11 of 2013) [2015] SCCA 16 (16 April 2015)
Media Neutral Citation
[2015] SCCA 16
Court
Court of Appeal
Case number
SCA 11 of 2013
Judges
MacGregor, JA, Twomey, JA, Domah, JA
Judgment date
16 April 2015
Language
English
Type
Judgment
Download
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IN THE SEYCHELLES COURT OF APPEAL



[Coram: F. MacGregor (PCA) , S. Domah (J.A) , M. Twomey (J.A) ]

Civil Appeal SCA 11/2013

(Appeal from Supreme Court Decision 97/2011)




University of Seychelles American- Institute of Medicine Incorporation Limited




Appellant


Versus


The Attorney General


Respondent


Heard: 10 April 2015

Counsel: Mr. A. Derjacques for Appellant


Mr. D. Esparon for Respondent

Delivered: 17 April 2015



JUDGMENT


F. MacGregor (PCA)


  1. I have read the Judgment of my learned brother, Justice Domah, and agree with it, save that I am also of the opinion that in this case the Memorandum of Understanding signed between the parties which came after the Charter, implicitly cured, confirmed and ratified the precedence of transactions before it, if at all there were wanting and defective in any way.


  1. It is clearly a document of legal obligation between two proper legal personalities which in effect specifically provides that any dispute should be settled by all means through arbitration before going to court.



F. MacGregor (PCA)


Signed, dated and delivered at Palais de Justice, Ile du Port on 17 April 2015


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