Allied Builders (Seychelles) Ltd v Resort Development Ltd (295 of 2006) [2007] SCSC 51 (17 January 2007)
The court found urgency and risk of irreparable harm to the applicant's interests if construction continued, justifying the grant of an interim injunction.
Source-derived case information.
- Citation
- [2007] SCSC 51
- Parties
- Applicant: Allied Builders (Seychelles) Limited; Respondent: Resort Development Limited
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 17 January 2007
- Case Number
- 295 of 2006
- Procedural Posture
- Civil / Interim Injunction Order
- Outcome
- Interim injunction granted
- Legal Topics
- Interim Injunction, Construction Dispute
- Source Language
- english
Civil Procedure Interim Injunction Construction Dispute
Source-derived case record
Summary, issues, holding and outcome
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Parties
Allied Builders (Seychelles) Limited
Applicant
Resort Development Limited
Respondent
Procedural Posture
Civil / Interim Injunction Order
Legal Issues
- 1 Whether an interim injunction should issue to restrain the respondent from continuing construction works pending determination of the main suit
Ratio Decidendi
The court found urgency and risk of irreparable harm to the applicant's interests if construction continued, justifying the grant of an interim injunction.
Court Disposition
Interim injunction granted
Orders
- Interim injunction issued restraining respondent, their agents or servants from carrying out further construction works on the site pending determination of the main suit.
- Notice to be given to all parties.
Full Case Text
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