Chez Deenu (Pty) Ltd v Seychelles Breweries Ltd (CS 335/2007) [2008] SCSC 112 (26 March 2008)

Chez Deenu (Pty) Ltd v Seychelles Breweries Ltd (CS 335/2007) [2008] SCSC 112 (26 March 2008)

The proceedings do not constitute a 'suit' or 'action' as defined in the Code of Civil Procedure, and thus the Manageress is competent to institute them. Given the circumstances and fairness, the plaintiff is entitled to an extension of the interim injunction to allow time to pay the debt.

Citation
[2008] SCSC 112
Parties
Plaintiff: Chez Deenu (Pty) Ltd; Defendant: Seychelles Breweries Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 March 2008
Case Number
CS 335/2007
Procedural Posture
Civil / Interlocutory Ruling on Interim Injunction
Outcome
interim injunction extended
Legal Topics
Interim Injunction, Company Representation, Contract Termination, Debt Recovery
Source Language
English
Company Law Contract Law Civil Procedure Interim Injunction Company Representation Contract Termination Debt Recovery

Case Brief

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Parties

Chez Deenu (Pty) Ltd

Plaintiff

Seychelles Breweries Ltd

Defendant

Procedural Posture

Civil / Interlocutory Ruling on Interim Injunction

Legal Issues

  1. 1 Whether the petition for interim injunction is properly instituted by the Manageress under the Companies Act
  2. 2 Whether the plaintiff is entitled to an extension of the interim injunction restraining execution of a charge on property

Ratio Decidendi

The proceedings do not constitute a 'suit' or 'action' as defined in the Code of Civil Procedure, and thus the Manageress is competent to institute them. Given the circumstances and fairness, the plaintiff is entitled to an extension of the interim injunction to allow time to pay the debt.

Court Disposition

interim injunction extended

Orders

  • Ex parte interim injunction restraining execution of charge on property and seizure of assets extended up to 30 June 2008.