Monthy v Payet (MA 144/2019 (arising in CS 56/2017)) [2020] SCSC 471 (26 March 2020)

Monthy v Payet (MA 144/2019 (arising in CS 56/2017)) [2020] SCSC 471 (26 March 2020)

The court found that the applicant had not demonstrated he would be ruined or suffer irreparable loss if the stay was not granted, nor that the respondent would be unable to refund the judgment debt if the appeal succeeded. However, since the respondent did not press for immediate payment and did not file further submissions, the court granted a stay of execution subject to strict conditions preventing the applicant from disposing of assets.

Citation
[2020] SCSC 471
Parties
Applicant: Alex Monthy; Respondent: Anissa Payet
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 March 2020
Case Number
MA 144/2019 (arising in CS 56/2017)
Procedural Posture
Civil Application (stay of Execution) / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution pending appeal granted with conditions.
Legal Topics
Stay of Execution, Appeals, Judgment Enforcement, Equitable Remedies
Source Language
English
Civil Procedure Stay of Execution Appeals Judgment Enforcement Equitable Remedies

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Parties

Alex Monthy

Applicant

Anissa Payet

Respondent

Procedural Posture

Civil Application (stay of Execution) / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of execution of judgment pending appeal
  2. 2 What conditions, if any, should attach to a stay of execution

Ratio Decidendi

The court found that the applicant had not demonstrated he would be ruined or suffer irreparable loss if the stay was not granted, nor that the respondent would be unable to refund the judgment debt if the appeal succeeded. However, since the respondent did not press for immediate payment and did not file further submissions, the court granted a stay of execution subject to strict conditions preventing the applicant from disposing of assets.

Court Disposition

Application for stay of execution pending appeal granted with conditions.

Orders

  • Applicant shall not dispose of or encumber any property until completion of the appeal.
  • Registrar of Lands to enter a restriction against any immoveable property or interest registered in favour of the applicant until determination of the appeal.