Chiffone v Volcere (151 of 2008) [2010] SCSC 88 (26 January 2010)

Chiffone v Volcere (151 of 2008) [2010] SCSC 88 (26 January 2010)

The sale proceedings should be stayed because it is logical and in the interests of justice to first determine the parties' respective shares in the co-owned property before proceeding with a judicial sale.

Citation
[2010] SCSC 88
Parties
Petitioner: Milicinth Chiffone; Respondent: Paul Volcere
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 January 2010
Case Number
151 of 2008
Procedural Posture
Civil / Interlocutory Application for Stay of Proceedings
Outcome
stay granted
Legal Topics
Co Ownership, Judicial Sale, Stay of Proceedings
Source Language
English
Property Law Civil Procedure Co Ownership Judicial Sale Stay of Proceedings

Case Brief

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Parties

Milicinth Chiffone

Petitioner

Paul Volcere

Respondent

Procedural Posture

Civil / Interlocutory Application for Stay of Proceedings

Legal Issues

  1. 1 Whether sale proceedings by licitation should be stayed pending determination of parties' shares in co-owned property

Ratio Decidendi

The sale proceedings should be stayed because it is logical and in the interests of justice to first determine the parties' respective shares in the co-owned property before proceeding with a judicial sale.

Court Disposition

stay granted

Orders

  • Sale proceedings in Civil Side No. 151/2008 are stayed pending final disposal of the related suit or until further order of the court.
  • Matter adjourned sine die with liberty to restore after disposal of the connected suit.