Case details

Hemery (Appellant) v Ramlogan (Respondent) (Mauritius)

Case ID: JCPC 2012/0082

Jurisdiction: The Supreme Court of Mauritius

Case summary

Issue(s)

Whether the trial judge erred in making certain orders – the effect of which was to prevent Hemery from amending his pleadings, to give judgment in favour of Ramlogan (the original plaintiff in the action), and to strike out the case against Hemery’s original co-defendant – and whether Hemery’s right to a fair hearing was infringed thereby.

Facts

In February 1998, Hemery and his then wife entered into a contract with Ramlogan for the construction of two apartments for a specified sum. In 2005, following non-payment of the full contractual amount, Ramlogan raised an action against Hemery and his by then ex-wife for the recovery of the outstanding unpaid balance.

The trial was assigned to begin on 13 July 2009. Shortly before that date, Hemery served a notice to amend his pleadings such that they would introduce a completely new defence and a counterclaim and would contain a number of new issues.

At the hearing on 13 July 2009, Hemery made a motion to amend his pleadings which was opposed by Ramlogan and refused by the trial judge. At that point, Hemery made a motion to maintain the matter which was granted. After an adjournment, the Court was informed by Ramlogan’s counsel that the matter had been settled. He outlined the basic terms of the settlement and moved for judgment accordingly. He also moved to strike out the case against Hemery’s co-defendant. The Court granted both motions. Hemery appealed unsuccessfully to the Court of Civil Appeal.

Parties

Appellant(s)

Bernard Francois Albert Hemery

Respondent(s)

Roopdeo Ramlogan

Appeal

Justices

Lord Kerr, Lord Carnwath, Lady Black

Hearing start date

14 Nov 2017

Hearing finish date

14 Nov 2017

Watch hearing
14 Nov 2017 Morning session