Avalon (Pty) Ltd & Ors v Berlouis (CS 150/2001) [2003] SCSC 20 (8 September 2003)

Avalon (Pty) Ltd & Ors v Berlouis (CS 150/2001) [2003] SCSC 20 (8 September 2003)

A stay of execution is necessary for the ends of justice where the applicant demonstrates valid grounds of appeal and the hardship from refusal outweighs the respondent's inconvenience from delay. The court's equitable jurisdiction under section 6 of the Courts Act permits granting a stay subject to conditions, even absent express statutory power.

Citation
[2003] SCSC 20
Parties
Applicant: Avalon (Pty) Ltd & Ors; Respondent: Berlouis
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 September 2003
Case Number
CS 150/2001
Procedural Posture
Civil / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Equitable Remedies, Appeals
Source Language
English
Civil Procedure Equity Stay of Execution Equitable Remedies Appeals

Case Brief

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Parties

Avalon (Pty) Ltd & Ors

Applicant

Berlouis

Respondent

Procedural Posture

Civil / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the court should grant a stay of execution of judgment pending appeal in the absence of express statutory power
  2. 2 Whether the balance of convenience and justice requires a stay

Ratio Decidendi

A stay of execution is necessary for the ends of justice where the applicant demonstrates valid grounds of appeal and the hardship from refusal outweighs the respondent's inconvenience from delay. The court's equitable jurisdiction under section 6 of the Courts Act permits granting a stay subject to conditions, even absent express statutory power.

Court Disposition

application granted

Orders

  • Stay of execution of the judgment pending outcome of the appeal.
  • Applicants shall not dispose of or encumber the immovable property comprised of Title PR423 and PR422 until final determination of the appeal.