Thom v Berlouis (368 of 2006) [2006] SCSC 76 (31 October 2006)

Thom v Berlouis (368 of 2006) [2006] SCSC 76 (31 October 2006)

The court was satisfied by uncontroverted evidence of urgency and necessity for the applicant to renew the insurance policy and road fund license to avoid loss, damage, and depreciation, and granted the mandatory injunction as prayed.

Citation
[2006] SCSC 76
Parties
Plaintiff: Claude Thom; Defendant: Ogilvy Berlouis
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 October 2006
Case Number
368 of 2006
Procedural Posture
Civil / Interlocutory Application for Mandatory Injunction
Outcome
Application granted
Legal Topics
Interlocutory Injunction, Ownership of Motor Vehicle, Renewal of Insurance and License
Source Language
English
Civil Procedure Interlocutory Injunction Ownership of Motor Vehicle Renewal of Insurance and License

Case Brief

Summary, issues, holding and outcome

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Parties

Claude Thom

Plaintiff

Ogilvy Berlouis

Defendant

Procedural Posture

Civil / Interlocutory Application for Mandatory Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory mandatory injunction for renewal of the vehicle's insurance and road fund license without the respondent's consent.

Ratio Decidendi

The court was satisfied by uncontroverted evidence of urgency and necessity for the applicant to renew the insurance policy and road fund license to avoid loss, damage, and depreciation, and granted the mandatory injunction as prayed.

Court Disposition

Application granted

Orders

  • Respondent to give consent to Seychelles Licensing Authority and insurer for renewal of road fund license and insurance policy of vehicle S10047.
  • If consent is not practicable within two weeks, Seychelles Licensing Authority and insurers to dispense with respondent's consent for renewal.