Essack v Morel (MA 35/2020 (Arising in CC08/2015)) [2020] SCSC 650 (17 November 2020)

Essack v Morel (MA 35/2020 (Arising in CC08/2015)) [2020] SCSC 650 (17 November 2020)

The applicant failed to show good reasons for a stay, but as the respondent did not object to a stay if the judgment sum is deposited in court, a conditional stay was granted requiring deposit of the full judgment debt or provision of a bank guarantee.

Citation
[2020] SCSC 650
Parties
Applicant: David Essack; Respondent: Edgar Morel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 November 2020
Case Number
MA 35/2020 (Arising in CC08/2015)
Procedural Posture
Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution
Outcome
Conditional stay of execution of judgment pending appeal granted
Legal Topics
Stay of Execution, Appeal, Corporate Veil, Judgment Enforcement
Source Language
English
Civil Procedure Enforcement of Judgments Stay of Execution Appeal Corporate Veil Judgment Enforcement

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Parties

David Essack

Applicant

Edgar Morel

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether a stay of execution of judgment pending appeal should be granted
  2. 2 Whether the applicant is personally liable for the judgment debt despite the corporate veil
  3. 3 Whether leave to appeal was required under section 12(2) of the Courts Act

Ratio Decidendi

The applicant failed to show good reasons for a stay, but as the respondent did not object to a stay if the judgment sum is deposited in court, a conditional stay was granted requiring deposit of the full judgment debt or provision of a bank guarantee.

Court Disposition

Conditional stay of execution of judgment pending appeal granted

Orders

  • Stay of execution of judgment pending appeal granted on condition that the whole judgment debt due as at 29th October 2018 be deposited in court or a bank guarantee for the sum be produced by the next date.
  • If conditions are not met, no stay is permitted and applicant must show cause why he should not be committed to civil imprisonment for default of satisfaction of the judgment debt.