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Yogida Sawmynaden Seeks Dismissal of Simla Kistnen’s Lawsuit
Yogida Sawmynaden, the former Minister of Commerce, is requesting the Supreme Court to dismiss a lawsuit filed by Simla Kistnen, who is also known as Sakuntala Kistnen. This lawsuit is involving a claim for damages amounting to 50 million rupees.
In documents prepared by his attorney, Me Preetam Dhuncoowar Lallah, Sawmynaden submitted his motion for dismissal on Tuesday, November 26, 2024, to the Master and Registrar of the Supreme Court, Wendy Rangan.
Sawmynaden’s legal team raised a preliminary legal point, arguing that Kistnen’s complaint does not establish any valid cause of action.
On the merits of the case, Sawmynaden asserted that the Militant Socialist Movement (MSM), the political party he represents, had several political agents in the No. 8 constituency (Moka/Quartier Militaire), including the late Soopramanien Kistnen.
He stated that he had a close relationship with the deceased and his family, having provided them with financial assistance on numerous occasions.
Furthermore, Sawmynaden mentioned that he had rented premises in Port-Louis to the Kistnen couple, for which he never collected any rent during that time.
Sawmynaden also contended that Simla Kistnen served as the Constituency Clerk from January to July 2020, a position that rendered her ineligible for financial aid under the Self-Employed Assistance Scheme during the COVID-19 pandemic.
He firmly denied any allegations of abuse of power in this matter.
Conversely, in her complaint, drafted by her attorney Me Pazhany Rangasamy, Simla Kistnen asserted that she never held the position of Constituency Clerk and claimed that she was unjustly denied financial assistance from the Mauritius Revenue Authority (MRA) during the pandemic due to this alleged fictitious employment.
She accused the former Minister of acting in bad faith, which she argued constitutes a legal wrong.
On May 30, 2024, Sawmynaden was granted the benefit of the doubt in Intermediate Court following a criminal trial regarding charges of forgery and use of forged documents related to this case.
The credibility of Simla Kistnen was called into question during the proceedings against the former Minister.
Source: Defi Media