Todorova v Savoy Development Limited (MA 66/2021 (arising in MC 112/2020)) [2021] SCSC 871 (7 April 2021)

Todorova v Savoy Development Limited (MA 66/2021 (arising in MC 112/2020)) [2021] SCSC 871 (7 April 2021)

The Supreme Court has jurisdiction to grant orders allowing Yuriy Nesterenko and Daria Todorova to remain in Seychelles for the purpose of defending applications filed against them in MC112/2020, MA30/2021, and MA31/2021, as these are matters before the Court. The orders are necessary to ensure their right to a fair hearing and are subject to proof of sufficient funds for their stay and departure. The Court declines to grant orders relating to matters still pending before the Employment Tribunal.

Citation
[2021] SCSC 871
Parties
Applicant: Daria Todorova; Respondent: Savoy Development Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 April 2021
Case Number
MA 66/2021 (arising in MC 112/2020)
Procedural Posture
Notice of Motion (application) / Ruling on Motion
Outcome
Application partly allowed
Legal Topics
Prohibited Immigrant, Gainful Occupation Permit (gop), Jurisdiction of Supreme Court, Stay of Deportation, Right to Fair Hearing
Source Language
English
Immigration Law Employment Law Civil Procedure Prohibited Immigrant Gainful Occupation Permit (gop) Jurisdiction of Supreme Court Stay of Deportation Right to Fair Hearing

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Parties

Daria Todorova

Applicant

Savoy Development Limited

Respondent

Procedural Posture

Notice of Motion (application) / Ruling on Motion

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to grant orders allowing prohibited immigrants to remain in Seychelles pending court proceedings
  2. 2 Whether the physical presence of the applicant and her spouse is necessary for the defence of court applications
  3. 3 Whether orders can be made affecting non-parties to the application

Ratio Decidendi

The Supreme Court has jurisdiction to grant orders allowing Yuriy Nesterenko and Daria Todorova to remain in Seychelles for the purpose of defending applications filed against them in MC112/2020, MA30/2021, and MA31/2021, as these are matters before the Court. The orders are necessary to ensure their right to a fair hearing and are subject to proof of sufficient funds for their stay and departure. The Court declines to grant orders relating to matters still pending before the Employment Tribunal.

Court Disposition

Application partly allowed

Orders

  • Minister of Internal Affairs and Chief Immigration Officer to allow Yuriy Nesterenko to re-enter and remain in Seychelles to defend specified court matters until final determination or further order of the Court.
  • Minister of Internal Affairs and Chief Immigration Officer to allow Daria Todorova and her daughter to remain in Seychelles for the same purpose and duration.