Tankov v Eden Island Village Management Association (MA 78 of 2025 (Arising out of CC 04 of 2025)) [2025] SCSC 123 (9 September 2025)

Tankov v Eden Island Village Management Association (MA 78 of 2025 (Arising out of CC 04 of 2025)) [2025] SCSC 123 (9 September 2025)

The applicant failed to meet the high degree of assurance required for a mandatory interim injunction. The definition of 'common area' and the respondent’s obligations under the Constitution require full trial and expert evidence. Damages are an adequate remedy and the balance of convenience does not favour granting the injunction at this stage.

Citation
[2025] SCSC 123
Parties
Applicant: Bruno Comoglio (on behalf of Plaintiff); Respondent: Daniel Colyn (on behalf of Defendant)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 September 2025
Case Number
MA 78 of 2025 (Arising out of CC 04 of 2025)
Procedural Posture
Commercial Suit / Ruling on Application for Mandatory Interim Injunction
Outcome
Application for mandatory interim injunction dismissed
Legal Topics
Interim Injunctions, Mandatory Injunctions, Jurisdiction, Arbitration Clauses, Common Areas Definition
Source Language
English
Civil Procedure Contract Law Property Law Interim Injunctions Mandatory Injunctions Jurisdiction Arbitration Clauses Common Areas Definition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bruno Comoglio (on behalf of Plaintiff)

Applicant

Daniel Colyn (on behalf of Defendant)

Respondent

Procedural Posture

Commercial Suit / Ruling on Application for Mandatory Interim Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a mandatory interim injunction compelling the respondent to repair the breakwater (rock armouring) abutting the applicant’s property
  2. 2 Whether the respondent is contractually and legally obligated to maintain the breakwater under the Constitution
  3. 3 Whether the Supreme Court has jurisdiction in light of the arbitration clause

Ratio Decidendi

The applicant failed to meet the high degree of assurance required for a mandatory interim injunction. The definition of 'common area' and the respondent’s obligations under the Constitution require full trial and expert evidence. Damages are an adequate remedy and the balance of convenience does not favour granting the injunction at this stage.

Court Disposition

Application for mandatory interim injunction dismissed