Chang-Tave v Chang-Tave (CS 153/2002) [2003] SCSC 7 (6 March 2003)

Chang-Tave v Chang-Tave (CS 153/2002) [2003] SCSC 7 (6 March 2003)

The applicant failed to demonstrate that he would be ruined without a stay of execution or that there is an appeal with some prospect of success. No special circumstances or irreparable loss were shown. The application does not meet the threshold for granting a stay of execution.

Citation
[2003] SCSC 7
Parties
Applicant: Chang-Tave; Respondent: Chang-Tave
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 March 2003
Case Number
CS 153/2002
Procedural Posture
Civil / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution dismissed with costs.
Legal Topics
Stay of Execution, Appeal Procedure, Possession of Premises
Source Language
English
Civil Procedure Land Law Stay of Execution Appeal Procedure Possession of Premises

Case Brief

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Parties

Chang-Tave

Applicant

Chang-Tave

Respondent

Procedural Posture

Civil / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of judgment pending appeal
  2. 2 What grounds must be satisfied for a stay of execution to be granted

Ratio Decidendi

The applicant failed to demonstrate that he would be ruined without a stay of execution or that there is an appeal with some prospect of success. No special circumstances or irreparable loss were shown. The application does not meet the threshold for granting a stay of execution.

Court Disposition

Application for stay of execution dismissed with costs.

Orders

  • Application for stay of execution dismissed
  • Applicant to pay costs