Boniface v Malvina (MA 314/2017 arising in CS 33/2016) [2018] SCSC 8101 (1 March 2018)

The stay of execution is granted because the balance of prejudice and special circumstances favor the applicant, and refusal would render the appeal nugatory and cause irreparable prejudice.

Citation: [2018] SCSC 8101
Parties: Applicant: Cecile Boniface; Respondent: Gonzalves Malvina
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 1 March 2018
Case Number: MA 314/2017 arising in CS 33/2016
Procedural Posture: Civil Application (stay of Execution) / Ruling on Motion for Stay of Execution
Outcome: Application for stay of execution allowed
Legal Topics: Stay of Execution, Appeal, Matrimonial Property, Irreparable Harm
Source Language: English

Civil Procedure Family Law Stay of Execution Appeal Matrimonial Property Irreparable Harm

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Parties

Cecile Boniface

Applicant

Gonzalves Malvina

Respondent

Procedural Posture

Civil Application (stay of Execution) / Ruling on Motion for Stay of Execution

Legal Issues

1 Whether a stay of execution of the judgment should be granted pending appeal
2 Whether the applicant will suffer irreparable harm if the stay is not granted
3 Whether the balance of prejudice favors granting the stay

Ratio Decidendi

The stay of execution is granted because the balance of prejudice and special circumstances favor the applicant, and refusal would render the appeal nugatory and cause irreparable prejudice.

Court Disposition

Application for stay of execution allowed

Orders

Judgment of 9th November 2017 is stayed pending final determination of the appeal in SCA 41 of 2017
Status quo of the dwelling house remains unchanged until appeal is determined