Boux v Procopio & Anor (CS 371/2007) [2008] SCSC 114 (2 April 2008)

Boux v Procopio & Anor (CS 371/2007) [2008] SCSC 114 (2 April 2008)

The plaintiff failed to establish a prima facie right to the vehicles or that refusal of the injunction would cause irreparable injury not compensable by damages. The balance of convenience does not favour the plaintiff, and the registered ownership supports the first defendant's position.

Citation
[2008] SCSC 114
Parties
Plaintiff: Boux; First Defendant: Procopio; Second Defendant: Teresa Micock
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 April 2008
Case Number
CS 371/2007
Procedural Posture
Civil / Ruling on Interim Injunction
Outcome
application for interim injunction dismissed
Legal Topics
Interim Injunction, Ownership Dispute, Motor Vehicles
Source Language
English
Civil Procedure Property Law Interim Injunction Ownership Dispute Motor Vehicles

Case Brief

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Parties

Boux

Plaintiff

Procopio

First Defendant

Teresa Micock

Second Defendant

Procedural Posture

Civil / Ruling on Interim Injunction

Legal Issues

  1. 1 Whether the plaintiff is entitled to an interim injunction restraining the first defendant from retaining vehicle S 10251 and ordering its return pending trial
  2. 2 Whether the plaintiff has established a prima facie right to the vehicles justifying injunctive relief

Ratio Decidendi

The plaintiff failed to establish a prima facie right to the vehicles or that refusal of the injunction would cause irreparable injury not compensable by damages. The balance of convenience does not favour the plaintiff, and the registered ownership supports the first defendant's position.

Court Disposition

application for interim injunction dismissed

Orders

  • No order for costs