JUDGE RANJUN PERERA GETS SUED

JUDGE RANJUN PERERA GETS SUED

Judge Ranjun Perera has been sued in his own capacity this week by Mrs. Marie Rita Pulchery in a very unusual case. Judge Perera is the same judge who awarded substantial damages against Regar Publication in favour of Maurice Lousteau-Lalanne in the sum of R.350, 000. Mrs. Maryline Rea Loizeau, the Attorney General and the Government of Seychelles are also cited as co-respondents in the petition which was filed with the Registry of the Supreme Court on the 29th November 2006.

Mrs. Pulchery has alleged in her petition filed that she was the owner of the plot of land siuated at North East Point, Mahe namely title no. H1733. She claims that she has resided in Australia since 1980. Mrs Maryline Loizeau had filed a previous case before the Supreme Court on the 30th June 2006 in Civil Side no. 193 of 2006 ex-parte asking to be declared owner of the same plot of land by way of “prescriptive acquisition” pursuant to article 2229 of the Civil Code of Seychelles.

Judge Perera heard the ex-parte application on the 26th July 2006 and delivered his judgment on the 30th September 2006 declaring Maryline Loizeau as the rightful owner of title no. H 1733. The Judge ruled “ On the basis of the documentary evidence produced and on the averments of the Applicant, the Court declares that the Applicant Maryline Loizeau nee Hoareau has acquired Parcel H1733 by prescriptive possession under article 2229 of the Civil Code.”

Mrs. Maryline Loizeau, who was represented by lawyer, France Gonsalves Bonte had apparently not called any witnesses but relied on affidavit evidence only, including one from the Secretary of Planning Authority which was produced as evidence.

Mrs. Pulchery’s bone of contention is that she was never heard by the Courts and that she was not notified of the application. She has thus lost her land to Maryline Loizeau by way of a Court Order and in a case where she was not heard nor was she informed of Maryline Loizeau’s application. She therefore claims that her constitutional right to a fair hearing under article 19 of the Constitution of Seychelles has been contravened. She also claims that the statutory requirement of law which provides for the necessity of two independent witnesses of facts were not complied with. Mrs Pulchery further claims that the “…manner of the hearing of the action and the procedures adopted on the 26th July 2006 were outside the ambit of law and correct legal procedure rendering the judgment of the 28th September 2006 unconstitutional, null and void.”

Judge Perera is specifically accused in the Petition of having “…failed in his duty to ensure the proper administration of justice with respect to its citizen, the Petitioner, in Civil Side no. 193 of 2006.” The Petitioner, Mrs Pulchery, thus claimed the sum of R.100, 000 damages against the Respondents plus the following declarations:

1. A declaration that the judgment of 28th September 2006 in Civil Side no. 193 of 2006 and the entire proceedings thereto unconstitutional and null and void.

2. An order directing the Registrar of Lands to make such rectifications as necessary to the registry of lands and pertinent documents to reflect this judgment.

3. Such further orders as may be necessary in the circumstances.

4. An order for moral damages in the sum of R.100,000 as against the Respondents jointly or in solido and interest and cost.

Mrs. Pulchery is being represented by lawyer and SNP’s Executive Committe Member, Mr. Antony Derjacques.