CHAPTER 213
SEYCHELLES CODE OF CIVIL PROCEDURE

Arrangement of Sections

1. Short title.

2. Definitions.

Sittings of supreme court

3. Supreme Court may sit at any time.

4. Terms.

5. Vacation sittings.

6. Applications for hearing in vacation.

7. Appeals from lower courts.

8. Terms may be altered by rules of court.

Registry

9. Office hours.

10. Books to be kept by the Registrar.

11. Registrar to pay receipts daily to Treasurer.

12. Quarterly return of outstandings to Auditor General.

13. Custody of records.

14. Clerks of the registry.

15. Absence of Registrar.

16. Weekly cause list.

17. Taxation of bills of costs.

18. Security to be given by Registrar.

Ushers

19. Ushers’ execution book.

20. Payment of receipts to Registrar.

21. Liability for neglect.

Commencement of action

22. Suits, in what court to be brought.

23. Suits to be commenced by plaint.

24. Plaint must be signed.

25. Copies of plaint.

26. Particulars of plaint to be registered.

27. Plaint note.

28. Prepayment of fees.

29. Claims by or against the Government.

Issue and service of summons

30. Summons.

31. Commencement of suit.

32. Date for appearance of defendant.

33. Minimum time for appearance.

34. Mode of service.

35. Service on agent.

36. Service on Government.

37. On person dwelling in asylum.

38. On police officers.

39. On person on boardship.

40. On person in prison.

41. On a partnership.

42. Substituted service.

43. Court may declare summons served.

44. Ushers to make return of service to Registrar.

45. Service of other process.

46. No service on dies non without leave.

Service out of the jurisdiction

47. No service out of the jurisdiction without leave of court.

48. When service out of the jurisdiction is allowed.

49. Application for leave to serve out of the jurisdiction.

50. Time for service.

51. Setting aside service.

52. Substituted service, out of jurisdiction.

53. Procedure when defendant does not appear.

54. Suits begun by service within the jurisdiction may be continued by leave.

55. Election of domicile for service.

56. Where defendant out of the jurisdiction has an agent who is not known.

57. Deposit of deed appointing attorney or agent.

58. Foreign deed of appointment.

59. Suits against Curator when allowed.

60. Government not liable for costs.

61. Service on parties on certain islands.

62. Civil Code, art. 1985.

Appearance of parties

63. Parties appear on date fixed in summons.

64. If neither party appears.

65. If defendant does not appear.

66. If defendant appears subsequently.

67. If plaintiff does not appear.

68. If only some of the defendants appear.

69. Setting aside judgement given ex-parte.

70. How parties may appear.

Pleading and inspection

71. Particulars to be contained in plaint.

72. In money suits.

73. Capacity of plaintiff and defendant to be stated.

74. Copies and lists of documents.

75. Statement of defence- what it must contain.

76. Statement of defence must be filed in registry.

77. List of defendant’s documents.

78. Copies of documents for court.

79. Set-off.

80. Counter claim.

81. Failure to supply lists of documents.

82. Exception to section 81.

83. Document not in possession of party.

84. Inspection of documents.

85. Non compliance with order for inspection.

86. Further particulars of plaint.

87. Further particulars of defence.

88. Plans.

89. Copies of particulars to be supplied.

90. Points of law.

91. Decision on point of law only.

92. Striking out pleadings.

93. Pleadings to be endorsed by attorney or party.

94. Election of domicile.

95. Impounding of documents.

96. Return of documents produced in evidence.

Possessory actions

97. Possessory actions when maintainable.

98. When possession and trespass are denied.

99. Possession and ownership.

100. When petitory action fails.

101. Petitory action may not be entered until possessory action is disposed of.

Payment into court

102. Payment into court in full satisfaction of demand.

103. Acceptance in part satisfaction.

104. Acceptance in full satisfaction.

Joinder of causes of action

105. When different causes of action may be joined in same suit.

Consolidation

106. When suits may be consolidated.

Parties

107. Who may be joined as plaintiffs.

108. Suits commenced in name of wrong person.

109. Who may be joined as defendants.

110. Option as to joining parties in same suit.

111. Numerous persons having same interest in one cause.

112. Misjoinder, adding of parties, etc.

113. No person to be added as plaintiff without his consent.

114. Procedure where a defendant is added.

115. Application to add or strike out parties.

116. Joinder of sureties.

Intervention

117. Who may intervene and at what time.

118. Application to be by motion.

119. Notice to be given.

120. Intervener must file statement of demand.

Incidental demands

121. Application to be by motion.

122. With affidavit.

123. All incidental demands to be made at same time.

124. Judgement may be given on principal demand only.

125. Affidavit in reply.

Hearing

126. If defendant admits claim.

127. If claim denied, statement of defence to be filed.

128. Failure to file statement of defence.

129. Hearing and adjournment.

130. Procedure when suit is settled.

131. Judgement by consent.

132. Absence of Judge.

133. Non appearance at adjourned hearing.

134. Procedure if parties fail to produce evidence, etc.

135. Delivery of Judgement.

136. Payment by installments.

137. Hearing of suit in situ.

138. Expenses to be deposited in advance.

139. Duties of Registrar - to be present in court.

140. Duties of Registrar - to make entries on record.

141. Duties of Registrar - to make down evidence in appealable cases.

142. Duties of Registrar - to mark documents admitted.

143. Duties of Registrar - to rejected if party requests.

144. Duties of Registrar - to register judgement.

145. Sittings of court open to public.

Amendments

146. Amendment of pleadings.

147. Clerical error in judgements.

148. Amendments of errors in proceedings.

149. Amended pleading to be supplied to adverse party.

150. Suspension or variation of judgements.

Conclusions of the ministère public

151. Matters which must be referred to the Attorney-General for conclusions as Ministère Public.

Witnesses

152. Witness summonses.

153. Payment into court for expenses of witness.

154. Particulars to be contained in witness summons.

155. Summons to produce document.

156. Evidence of person present in court.

157. Witness summons to be served by an usher.

158. Time for service.

159. When witness may depart.

160. Witness about to leave the jurisdiction.

161. Witness refusing to give evidence etc., may be fined.

Personal answers

162. Rules relating to examination of parties on personal answers.

163. Procedure to obtain attendance of adverse party, for examination.

164. Party present in court may be examined.

165. When the Republic is a party.

166. Examination- when to take place.

167. Examination may be separate.

Affidavits

168. When court may order facts to be proved by affidavit.

169. Cross examination.

170. What affidavits may contain.

171. Before whom affidavits may be sworn.

Opposition by third parties

172. Who may file opposition to judgement.

173. Procedure.

174. Opposition not to delay execution of judgement.

175. Opposition when judgement is res judicata.

Abatement

176. No abatement if cause of action survives.

177. Death, bankruptcy, etc., of a party.

178. Substitution of name on record application by representative of deceased party.

179. Application by plaintiff or defendant.

180. Procedure where party is added or substituted.

181. Summons to compel a party to proceed.

Discontinuance

182. When plaintiff may discontinue suit. Leave of court, when required.

183. Notice of discontinuance.

184. Costs of discontinued suit.

185. Subsequent action may be stayed.

Presumption of suits

186. Want of prosecution.

187. When presumption does not take place.

188. Against whom presumption takes place.

189. Preemption must be decreed by the court.

190. When preemption is inoperative.

191. Effect of preemption.

192. Procedure if preemption is decreed.

193. Costs.

New trial

194. When a new trial may be granted.

195. Procedure to obtain new trial.

196. Application, when to be made.

197. Forgery, fraud or new evidence.

198. Court may impose terms.

199. Date for new trial.

200. Stay of execution.

201. What issues may be raised at new trial.

202. Effect of judgement for the applicant.

203. No new trial of a new trial.

204. New trial ordered by Appellate Court Procedure.

Arbitration

205. Reference to arbitration.

206. Objections to award.

207. When award may be set aside or modified.

Suits in form pauperis

208. Who may sue as paupers.

209. Examination of applicant.

210. Fees of court.

211. When suit is one of public policy.

212. Counsel and attorney may be assigned.

213. Remuneration.

214. Pauper may be dispaupered.

215. Attorney to sign proceedings.

216. Unnecessary proceedings.

217. Disbursements.

218. Recovery of fees.

Of furnishing of security

219. When security may be required.

220. Time within which security is to be furnished.

221. Notice of sureties offered.

222. Objections.

Damages

223. Determination of amount of damages.

224. Costs.

Execution

225. Procedure on application for execution. Urgency.

226. Cross judgements.

227. Foreign judgements.

228. When property may be seized.

229. Caption of the body.

230. Appeal not to operate as stay of execution.

231. Execution of judgement after appeal.

232. Duration and extension of validity of warrant or writ of execution.

233. Execution to issue within six years. Leave to issue in certain cases.

234. Fines may be recovered by execution.

235. Police to assist ushers.

236. Movable property which may not be seized in execution.

237. Except in certain cases.

238. Court may appoint person to work land.

239. Particulars to be contained in application for execution.

240. Procedure when judgement is for a sum of money.

241. When judgement is for delivery of movable property.

242. When judgement is for delivery of, or to place in possession of immovable property.

243. Civil imprisonment.

244. Amount recoverable to be endorsed on warrants and writs.

245. Warrants and writs to be in force for 12 months.

246. When movable property is insufficient to satisfy judgement.

247. Attachment.

248. Validation of attachment.

249. Hearing of application to validate.

250. Effect of failure to validate.

251. Procedure for arrest and imprisonment of judgement debtor.

252. Examination of judgement debtor.

253. When a judgement debtor may be imprisoned civilly.

254. Period of civil imprisonment.

Process of execution

255. Notices to be given before sale in execution.

256. Movable property seized to be sold within one month from seizure.

257. Postponement of sale.

258. Witnesses to seizure.

259. Entry on premises to effect execution.

260. Property seized to be placed in charge of custodian.

261. Custodian not to use articles seized.

262. Dismissal of custodian.

263. Particulars to be contained in memorandum of seizure.

264. Merchandise and plate.

265. Valuable securities.

266. Private papers.

267. Copy of memorandum of seizure to be left with person whose goods are seized.

268. Where property seized is to be sold.

269. Execution not to be delayed by objections.

270. How property to be sold.

271. Particulars to be contained in memorandum of sale.

272. Usher to return memorandum of execution to Registrar.

273. Claims by third parties.

274. Procedure to release property from seizure.

275. Hearing of application.

276. Postponement of sale pending hearing of application.

277. Opposition by creditors.

278. No suits between creditors.

279. Procedure when a prior seizure has been effected.

Provisional seizure and attachment

280. Application to seize or attach provisionally.

281. When application may be granted.

282. Property seized not to be sold until after judgement.

283. Validation of provisional seizure.

284. Procedure to validate provisional attachment.

285. Effect of judgement against the plaintiff.

286. What movable property may not be attached.

287. Exceptions to rule as to non attachment.

Attachment of salaries and pensions

288. Definition of terms.

289. Opposition to salaries and pensions abolished.

290. Salaries and pensions when attachable and to what extent.

291. Form and service of order. Payment of sum attached.

292. Revocation and amendment of order.

293. Registrar to report judgements obtained against civil servants.

294. Effect of order of attachment.

Summary procedure on bills of exchange

295. Special writ; judgement.

296. Leave to appear.

297. Leave to appear after judgement in special circumstances.

298. Deposit of bill, security for costs.

299. Recovery of expenses, etc.

300. Writ to all parties to bill.

301. Application of certain English Acts.

302. Execution.

Jurisdiction in partnership disputes

303. Supreme Court to decide in matters of partnership.

Grant of injunctions and orders of sequestration

304. Court to have power to issue injunctions pendente lite or after judgement.

305. Application for injunction may be by motion with notice.

306. Orders for writs of injunction may be enforced by attachment.

307. Right of the court to make sequestration orders as to property in dispute.

308. Procedure to arrive at sequestration.

309. Expenses of the sequestration, by whom to be paid. Security may be required.

310. Accounts of sequestrator to be deposited in the Registry.

Power to appoint commissioner to examine accounts

311. Power of Court to appoint Commissioners to examine accounts.

312. Court to give commissioner necessary instructions.

313. Expenses to be deposited in the registry.

314. Court to direct parties to appear before commissioner.

315. Powers of commissioner.

316. Proceedings to be filed in court.

317. Proceedings in court after inquiry.

318. Penalties for obstructing commissioner.

319. Receipts produced in support of items in cases of rendition of accounts to be exempt from registration.

320. Parties entitled to travelling expenses.

General provisions

321. Periods of time - how to be interpreted.

322. Valuation by experts, attendance.

323. When Judge may make orders at his own house.

324. Place of sittings of the court.

325. Rules of Court.

326. Repeals.

327. French Code of Civil Procedure.

328. Forms.

SCHEDULE A

SCHEDULE B

SCHEDULE C

SCHEDULE D

SCHEDULE E

24 of 1855,

30 of 1855,

15 of 1860,

2 of 1968,

12 of 1890,

14 of 1915,

3 of 1919,

34 of 1919,

2 of 1945,

9 of 1948,

41 of 1948,

19 of 1955,

4 of 1956,

1 of 1958,

3 of 1959,

12 of 1962,

14 of 1963,

20 of 1968,

13 of 1975,

5 of 1976,

23 of 1976,

6 of 1983,

4 of 1986,

2 of 1990.

Decree 8 of 1978,

22 of 1979.

SI 95 of 1975,

72 of 1976,

61 of 1988,

41 of 1991.

(*Mauritius Ord.)

Proc. 6 of 1920.

[Date of commencement: 15th April 1920]

1. Short title.

This Act shall be called the Seychelles Code of Civil Procedure.

2. Definitions.

In this Act, unless there is anything in the subject or context repugnant thereto, the words hereinafter mentioned shall have or include the meanings following—

“attorney” means an attorney-at-law and includes a barrister when acting as an attorney at law;

“cause” shall include any action, suit or other original proceedings between a plaintiff and a defendant;

“Chief Justice” means the Chief Justice of Seychelles;

“Civil Code” means the Civil Code of Seychelles;

dies non” means a public holiday and includes a day on which the registry is closed;

“Judge” means a Judge of the Supreme Court and includes the Chief Justice and a Puisne Judge;

“judgement creditor” means a party to a cause or matter in whose favour a judgement or order of the court has been give;

“judgement debtor” means a party to a cause or matter against whom a judgement or order of the court has been given;

“matter” shall include every proceeding in the court not in a cause;

“Mauritius Act” means an Act of the Legislature of Mauritius as extended or applicable to Seychelles;

“party” includes every person served with notice or attending any proceeding;

“Registrar” means the Registrar of the Supreme Court and includes the Assistant Registrar.

“Registry” means the registry of the Supreme Court;

“suit” or “action” means a civil proceeding commenced by plaint;

“Supreme Court” means the Supreme Court of Seychelles;

“the court” means the Chief Justice or a puisne judge sitting in court or in chambers.

Sittings of Supreme Court

3. Supreme Court may sit at any time.

Sittings of the Supreme Court may be appointed and holden at any time or times, whether in term or vacation, at the discretion of the court.

4. Terms.

There shall be three terms in each year for the dispatch of civil business in the Supreme Court, the first of which terms shall commence on the fifteenth day of January and end on the fourteenth day of April; the second shall commence on the fifteenth day of May and end on the fourteenth day of August; and the third shall commence on the fifteenth day of September and end on the fourteenth day of December. Whenever any of such periods shall commence or end on a dies non, the term shall commence on the day following or end on the day preceding such dies non, as the case may be.

5. Vacation sittings.

The Supreme Court may sit during vacation either for the further hearing of part-heard cases, or for the hearing of any cause or matter of an urgent nature.

6. Applications for hearing in vacation.

Application for the hearing, during vacation, of a cause or matter on the ground of urgency, shall be made to a Judge in chambers, supported by an affidavit setting out the facts of the case and the grounds of urgency. Notice of such application shall be given to the opposite party.

7. Appeals from lower courts.

During vacation, the Supreme Court shall sit for the disposal of appeals from decisions of magistrates or of Justices of the Peace.

8. Terms may be altered by rules of court.

The Chief Justice may, by rules made under this Act with the approval of the President, alter the number of terms to be held in each year, or the days on which the terms shall commence and end.

Registry

9. Office hours.

The registry shall be open for the dispatch of business, whether in term time or during vacation, every day from 8 a.m. until 12 noon and from 1 p.m. until 4 p.m., except on Saturdays and public holidays, unless in any particular case the Chief Justice shall direct otherwise.

10. Books to be kept by the Registrar.

The Registrar shall keep the following books in accordance with the forms set out in Schedule A—

(a) a book called the “suitors’ deposit book” in which he shall make entries of all sums of money paid into or deposited in court (for which he shall give an acknowledgment in writing to the person by whom any such payment or deposit is made) and in which, when any such money is paid out to the person entitled thereto, the person receiving the same shall enter a receipt therefore;

If any sum of money so paid or deposited in court remains unclaimed for a period of six months, the Registrar shall pay the same to the Principal Secretary of the Ministry of Finance to be held by him on deposit, together with a statement explaining to whom such money is due.

(b) a book called the “suitors’ cash book” in which he shall enter daily all sums of money paid into or deposited in court and all sums of money paid out by him and which book the Registrar shall balance at the end of each day;

(c) a book called the “revenue cash book” in which he shall enter on the day on which they are received all fees, fines and forfeitures accruing to the Republic from whatever source and receivable by the Registrar;

(d) a book called the “usher’s* fees deposit book” in which he shall enter all sums of money received from suitors for services to be effected by the *ushers of the court, which sums shall be paid out on demand to the usher entitled thereto who shall enter a receipt therefor in the ushers’ fees deposit book when payment is made;

[*Note to 1991 Ed: See section 23(3) of the Courts Act (Cap. 52).]

(e) a book called the “register of civil and commercial suits” in which he shall cause to be entered the particulars hereinafter required by this Code and every motion or other application which is to be heard in court which shall be entered in this book in the manner and with the same particulars, so far as may be, as are required by this Code in the case of suits;

(f) a book called the “chambers application book” in which shall be entered a list of all applications made ex-parte in chambers, which entries shall be made and numbered in the manner required by this Code in the case of suits and shall state the name and residence of the applicant, the nature of the application and the final order of the court.

11. Registrar to pay receipts daily to Treasurer.

The Registrar shall pay to the Principal Secretary of the Ministry of Finance daily, on the day next after that on which they are received, the total amount of all fees, fines and forfeitures accruing to the Republic and received by him. If on account of illness or other unavoidable cause he is unable to pay such amounts to the Principal Secretary of the Ministry of Finance on the day next after that on which they were received, or if such next day is a dies non, he shall pay them on the day next following.

12. Quarterly return of outstandings to Auditor General.

The Registrar shall at the commencement of each quarter tender to the Auditor General a return of all fees, fines or forfeitures receivable by him, which are due to the Republic and are outstanding.

13. Custody of records.

The Registrar shall have the custody of the records of the court and shall carry out the duties assigned to him by this Code or any other law in force for the time being and in regard to the time and manner of carrying out such duties he shall conform to any instructions which he may receive from the Chief Justice.

14. Clerks of the registry.

The Assistant Registrar and the clerks of the registry shall be under the direction of the Registrar and shall carry out all orders in regard to their work given by him, subject to the supreme control of the Chief Justice.

15. Absence of Registrar.

If both the Registrar and the Assistant Registrar are temporarily absent or unavoidably prevented from carrying out their duties, or any of them, the Judge may direct one of the clerks of the registry to carry out any of such duties, and any acts performed by such clerk when so directed shall be as valid and effectual as if done by the Registrar or Assistant Registrar.

16. Weekly cause list.

The Registrar shall, in conformity with instructions or directions which he may receive from the Chief Justice, prepare a weekly cause list of all causes and matters set down for hearing in court during the week and shall affix such cause list in a conspicuous place at the entrance of the Supreme Court not later than 9 a.m. on Monday in the week during which such causes and matters are to be heard.

17. Taxation of bills of costs.

The Registrar shall tax all bills of costs when requested to do so by any party to any cause or matter, or in the case of bills of cost between solicitor and client, by any person interested.

18. Security to be given by Registrar.

The Registrar shall give security for five thousand rupees and the Assistant Registrar for two thousand rupees, respectively, for the due and faithful performance of their duties and for the due accounting for the payment of all monies received by them in performance of their duties.

*Ushers

19. Ushers’* execution book.

The ushers* shall keep a book in the registry called the usher’s* execution book in accordance with the form in Schedule A and each usher* shall enter therein every warrant of execution which he has been required to execute together with the other particulars specified in such form in the several columns thereof.

The ushers* execution book shall be open to the inspection of the Registrar or a Judge.

20. Payment of receipts to Registrar.

Every usher* levying or receiving any money by virtue of any process of court shall, within three days after the receipt thereof, pay the same into the hands of the Registrar.

21. Liability for neglect.

The ushers* are liable in damages for neglect in levying execution or for fraud in relation thereto, at the suit of the party prejudiced.

[*Note to 1991 Ed: See section 23(3) of the Courts Act.]

Commencement of Action

22. Suits, in what court to be brought.

All civil and commercial suits, actions, causes and matters shall be brought before the Supreme Court, save in cases where other provisions is made by law.

23. Suits to be commenced by plaint.

Every suit shall be instituted by filing a plaint in the registry.

24. Plaint must be signed.

Every such plaint shall be signed by the plaintiff’s attorney, or if the plaintiff sues in person, by the plaintiff.

25. Copies of plaint.

The plaintiff shall in addition file in the registry as many copies of the plaint and notices of documentary evidence as there are defendants.

26. Particulars of plaint to be registered.

On receipt of the plaint the Registrar shall enter in the register of civil and commercial suits the names and places of residence of the parties, the nature of the action and the relief sought. Such entries shall be numbered in every year according to the order in which the plaints are received and the suit shall bear the same number.

27. Plaint note.

At the time of entering the plaint, the Registrar shall give to the plaintiff, or his attorney or agent, a note signed by the Registrar and under the seal of the court, according to the form set forth in Schedule C; and no money shall be paid out of court to the plaintiff, or his attorney or agent, except on production of such note:

Provided that in the event of such note being lost or destroyed, no money shall be paid to any person unless it be proved to the satisfaction of the Registrar that the person applying is the plaintiff or his agent authorised in that behalf.

28. Prepayment of fees.

No proceeding shall be had and no process shall be issued by the Registrar, unless upon prepayment into court of the fees established by law in respect of such proceeding or process.

29. Claims by or against the Government.

(1) All claims by the Government of Seychelles against any private person shall be brought in the name of the Attorney-General and (subject as hereinafter provided) shall be carried on in the same manner in every respect as suits between private parties.

(2) All claims against the Government of Seychelles being claims of which the subject matter would have been cognisable by the Supreme Court of Judicature if the claim had been against a private individual may, be preferred in the Supreme Court in a suit instituted by the claimant as plaintiff against the Attorney-General as defendant.

(3) The suit shall be commenced by filing a plaint in the registry.

(4) All documents which in a suit of the same nature between private parties would be required to be served upon the defendant shall be delivered at the office of the Attorney-General.

(5) Whenever in any such suit a decree is made against the Government, no execution shall issue thereon, but a copy of such decree, under the seal of the court, shall be transmitted by the court to the Minister responsible for Finance who is empowered to order that such measures be taken as may be necessary to give effect to the decree and if such order provides for the payment of money the payment shall be a charge on the Consolidated Fund.

(6) No personal liability shall attach to the Attorney-General in respect of costs awarded in any suit against the Government.

Issue and Service of Summons

30. Summons.

When the plaint has been entered in the register of civil and commercial suits, the Registrar shall issue a summons, under the seal of the court and signed by him, to each defendant calling upon him to appear in the Supreme Court at a date and time therein stated, to answer the claim. A copy of the plaint shall be served with each summons.

31. Commencement of suit.

The summons to appear to a plaint shall be dated on the day on which the suit was entered, and such date shall be the commencement of the suit.

32. Date for appearance of defendant.

The day for the appearance of the defendant shall be fixed by the Registrar so as to allow the defendant sufficient time to enable him to appear and answer on such day, according to the distance of defendant’s place of residence from the court and to the circumstances.

33. Minimum time for appearance.

The time fixed for appearance shall not be earlier than forty-eight hours after the service of the summons, except by leave of a Judge. When such leave is granted the words “By leave of the court” shall be written on the face of the summons.

34. Mode of service.

Service of the summons shall be effected by delivering or tendering a copy thereof to the defendant personally, or if he cannot be found, to any member more than sixteen years old of the family of the defendant residing with him, or to any agent or manager of the defendant at the place where he carries on his business.

35. Service on agent.

If the defendant have an agent empowered to accept service on his behalf, service on such agent shall be sufficient.

36. Service on Government.

If the defendant is the Government of Seychelles, service shall be effected by delivering a copy of the summons to the Attorney-General in his office.

37. On person dwelling in asylum.

When a defendant is employed and dwells in any mental hospital or other public asylum, it shall be sufficient service to deliver a copy of the summons to the superintendent of such hospital, who shall cause the same to be delivered to the defendant.

38. On police officers.

When a defendant is employed in a police force, it shall be sufficient service to deliver a copy of the summons to the Commissioner of Police who shall cause the same to be delivered to the defendant.

39. On person on boardship.

When a defendant is living or serving on board any ship, it shall be sufficient service to deliver a copy of the summons to the person on board who is at the time of such service apparently in charge of such ship, and such person shall cause the same to be delivered to the defendant.

40. On person in prison.

If the defendant is in gaol, it shall be sufficient service to deliver a copy of the summons to the Superintendent of Prisons who shall cause the summons to be delivered to the defendant.

41. On a partnership.

If the defendant is a partnership(société) and the suit relates to a partnership transaction or to an actionable wrong in respect of which relief is claimable from the partnership (société), service may be made either—

(a) on one of the partners for himself and for the other partners; or

(b) on any person having the management of the business of the partnership at the principal place of such business.

42. Substituted service.

If the defendant cannot be found and there is no agent empowered to accept service on his behalf, nor any other person on whom service can be made, or if the defendant is keeping out of the way for the purpose of avoiding service, it shall be sufficient service to affix the summons on the outer door of the house or place of business of such defendant and a copy thereof in some conspicuous part of the Court House.

43. Court may declare summons served.

When service has been made in the manner mentioned in section 42 and the defendant does not appear on the day stated in the summons, the court may either, after making such inquiry as appears, to be necessary, declare the summons to be served and proceed in the absence of the defendant, or give such further order as to service as to the court may seem fit.

44. Ushers to make return of service to Registrar.

All summonses, notices, orders or other process of court required by this Code or any law in force or hereafter enacted to be served by the ushers of the court, shall within twenty four hours after such service be returned to the Registrar and the usher by whom such service has been effected shall certify thereon over his signature the day and hour of service and the place and the manner of service.

45. Service of other process.

All summonses to witnesses, orders of the court and other process requiring to be served, may be served in the same manner as summonses to appear to a plaint, except where a special mode of service is directed by this Code or by any other law in force.

46. No service on dies non without leave.

No summons, notice or other process shall be served on a dies non, or between the hours of six in the evening and six in the morning, except in case of urgency, with the leave of a Judge. When such leave is granted, the words “By leave of the court” shall be written on the face of the summons, notice or other process. A dies non shall be counted in any computation of time required by this Code, unless any such day shall be the last of such time, in which case it shall be excluded from such computation.

Service out of the Jurisdiction.

47. No service out of the jurisdiction without leave of court.

(1) No summons in civil and commercial suits shall be issued or served upon any defendant, whether a citizen of Seychelles or not, outside the jurisdiction of the Supreme Court, without leave of the court.

(2) Mode of service out of the jurisdiction: Service of such summons shall be effected out of Seychelles in the same way as the summons in a suit is required to be served in the country, colony or jurisdiction in which the service is to be effected and proof of such service having been effected, when required by the Supreme Court, shall be given in the manner provided by the law in force in such country, colony or jurisdiction.

(3) Where the defendant is not a citizen of Seychelles the summons shall not be served upon him, but notice thereof shall be given to him; such notice in lieu of service shall be in the form set out in Schedule C and shall be given in the manner in which a summons is served.

(4) The term “summons” in sections 47 to 61 means the plaint with summons.

(5) Sections 47 to 61 shall not apply to actions on bills of exchange or promissory notes brought under sections 295 to 302.

48. When service out of the jurisdiction is allowed.

The issue and service out of the jurisdiction of a summons may be allowed whenever—

(a) the whole subject matter of the suit is land or immovable property situated within the jurisdiction (with or without rents or profits); or

(b) any act, deed, will, contract, obligation or liability affecting land or immovable property, situate within the jurisdiction, is sought to be construed, rectified, set aside or enforced in the suit; or

(c) any relief is sought against any person domiciled or ordinarily resident within the jurisdiction; or

(d) the suit is founded on any breach or alleged breach within the jurisdiction of any contract wherever made, which ought to be performed within the jurisdiction; or

(e) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or

(f) any person out of the jurisdiction is a necessary or proper party to a suit properly brought against some other person duly served within the jurisdiction:

Provided that nothing in this section shall be held to prevent a plaintiff commencing a suit against the Curator of Vacant Estates as representing an absentee, in accordance with the Curatelle Act as modified by this Code.

49. Application for leave to serve out of the jurisdiction.

Every application for leave to issue and serve a summons on a defendant out of the jurisdiction shall be supported by affidavit stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country the defendant is or probably may be found, and whether such defendant is a citizen of Seychelles or not, and the grounds upon which the application is made; and no such leave shall be granted unless it shall be made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this Code.

50. Time for service.

Any order giving leave to effect such service shall limit a time after such service within which such defendant is to appear to answer the claim. The time so limited shall not (unless the judge see fit to order otherwise), in the first instance, exceed—

one month, where the defendant is in Mauritius or Reunion;

two months, where the defendant is in India, Africa or Madagascar;

three months, where the defendant is in Europe or Australia;

four months, where the defendant is in the United states of America or any other part of the world.

51. Setting aside service.

The defendant before appearing shall be at liberty without entering a conditional appearance to serve notice of motion to set aside such service, or to discharge the order authorising such service, or to enlarge the time within which an appearance is to be made.

52. Substituted service, out of jurisdiction.

The summons shall be served personally on the defendant; but the court on being satisfied that reasonable efforts have been made to effect personal service thereof may, on the application of the plaintiff, make such order for substituted or other service, or for the substitution for service of notice, by advertisement or otherwise, as may seem just.

Such application shall be supported by an affidavit setting forth the grounds upon which the application is made. The order made under this section shall specify the time after the substituted or other service has been effected, or after the publication of the notice by advertisement or otherwise, within which the defendant is to appear to answer the claim: such time shall be limited as specified in section 50.

53. Procedure when defendant does not appear.

After the time limited by an order made under section 50 or section 52, the court, on proof being shown that the said order has been complied with and that the defendant has not appeared to answer the claim, may direct that the plaintiff shall be at liberty to proceed in the suit in such manner and subject to such conditions as to the court may seem fit:

Provided that the plaintiff shall prove his case in such manner as the court shall direct, and the making of such proof shall be a condition precedent to the plaintiff obtaining judgement.

54. Suits begun by service within the jurisdiction may be continued by leave.

When a defendant who has been personally served with a summons in Seychelles quits Seychelles without leaving an attorney or agent to make an appearance for, or represent and defend him, it shall be lawful for the court, after the time within which the defendant so served within the jurisdiction should have appeared to answer the claim, to order that all ulterior orders, summonses, notices and process be not served personally but be served at the defendant’s last place of abode or business in Seychelles; and such service shall be sufficient to entitle the plaintiff to proceed in the action as provided in section 53.

55. Election of domicile for service.

In any case where a defendant who is outside the jurisdiction of the Supreme Court has in Seychelles no attorney or agent duly empowered to make an appearance for, or represent and defend him, but has in the particular contract on which he is sued, specially elected a domicile for service, service at such domicile shall, for the particular matters or things for which the domicile was elected, be sufficient not only for the summons, but also for all ulterior orders, summonses, notices or process in the suit:

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