In the matter of Benoiton Construction (Pty) Ltd (XP 51.2004) [2014] SCSC 87 (7 March 2014)

Vehicles are excluded from the definition of 'movable' under section 280 SCCP by virtue of article 533 of the Civil Code, and thus cannot be subject to provisional seizure under that section.

Citation: [2014] SCSC 87
Parties: Applicant: Benoiton Construction (Pty) Ltd
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 7 March 2014
Case Number: XP 51.2004
Procedural Posture: Ex Parte Application / Provisional Order of Seizure
Outcome: application dismissed
Legal Topics: Provisional Seizure, Movable Property, Interpretation of Statutes
Source Language: English

Civil Procedure Provisional Seizure Movable Property Interpretation of Statutes

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Parties

Benoiton Construction (Pty) Ltd

Applicant

Procedural Posture

Ex Parte Application / Provisional Order of Seizure

Legal Issues

1 Whether vehicles are considered 'movables' under section 280 of the Seychelles Code of Civil Procedure and thus subject to provisional seizure

Ratio Decidendi

Vehicles are excluded from the definition of 'movable' under section 280 SCCP by virtue of article 533 of the Civil Code, and thus cannot be subject to provisional seizure under that section.

Court Disposition

application dismissed

Orders

A copy of the order to be served on Mr. Elvis Chetty, counsel for the petitioner