Civil Construction Company Limited v Leon (MA3/2017) [2017] SCSC 42 (26 January 2017)

It is more reasonable and just for the parties to await the final outcome of the appeal before any money is disbursed, and a stay of execution is appropriate provided the defendant gives a written undertaking of sufficient assets as security.

Citation: [2017] SCSC 42
Parties: Petitioner: Civil Construction Company Limited; Respondent: Frederick Leon
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 26 January 2017
Case Number: MA3/2017
Procedural Posture: Notice of Motion for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome: Stay of execution granted with conditions
Legal Topics: Stay of Execution, Appeal, Security for Judgment
Source Language: English

Civil Procedure Stay of Execution Appeal Security for Judgment

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 1 Authorities cited 1 Party arguments 2

Parties

Civil Construction Company Limited

Petitioner

Frederick Leon

Respondent

Procedural Posture

Notice of Motion for Stay of Execution / Ruling on Application for Stay Pending Appeal

Legal Issues

1 Whether to grant a stay of execution of judgment pending appeal
2 Appropriate conditions for granting stay

Ratio Decidendi

Court Disposition

Stay of execution granted with conditions

Orders

Stay of execution of the judgment in CS 35/12 delivered on 30th November, 2016 is granted.
Defendant to provide a written undertaking of sufficient assets as security, to be deposited with the Registrar before the appeal is heard.