Low-Lam & Anor v Pillay (MA 358 of 2023 (Arising in CS 128 of 2022)) [2024] SCSC 26 (30 January 2024)

Low-Lam & Anor v Pillay (MA 358 of 2023 (Arising in CS 128 of 2022)) [2024] SCSC 26 (30 January 2024)

The applicant satisfied the threshold for an inhibition order by demonstrating risk of disposal of the suit properties, potential for the suit to be rendered nugatory, and existence of an arguable case. The court exercised its discretion to grant the inhibition order to preserve the status quo pending determination of the main suit.

Citation
[2024] SCSC 26
Parties
Applicant: 1st Applicant; Respondent: Respondent
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 January 2024
Case Number
MA 358 of 2023 (Arising in CS 128 of 2022)
Procedural Posture
Notice of Motion (interlocutory Application) in Civil Suit / Ruling on Application for Inhibition Order Pending Hearing and Determination of Main Suit
Outcome
Application allowed
Legal Topics
Inhibition Order, Preservation of Property, Interlocutory Relief
Source Language
English
Land Law Civil Procedure Inhibition Order Preservation of Property Interlocutory Relief

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Parties

1st Applicant

Applicant

Respondent

Respondent

Procedural Posture

Notice of Motion (interlocutory Application) in Civil Suit / Ruling on Application for Inhibition Order Pending Hearing and Determination of Main Suit

Legal Issues

  1. 1 Whether the applicant is entitled to an inhibition order under Section 76(1) of the Land Registration Act

Ratio Decidendi

The applicant satisfied the threshold for an inhibition order by demonstrating risk of disposal of the suit properties, potential for the suit to be rendered nugatory, and existence of an arguable case. The court exercised its discretion to grant the inhibition order to preserve the status quo pending determination of the main suit.

Court Disposition

Application allowed

Orders

  • Inhibition order granted on parcels V21057, V21058 and V20159 pursuant to Section 76(1) of the Land Registration Act until determination of CS 128/2022
  • Order to be served on the Land Registrar for registration of the inhibition