Dynamics (Pty) Limited & Anor v Vadivello & Anor (MA 219/2020 (arising from CS 02/2019)) [2021] SCSC 876 (13 April 2021)

Dynamics (Pty) Limited & Anor v Vadivello & Anor (MA 219/2020 (arising from CS 02/2019)) [2021] SCSC 876 (13 April 2021)

The applicants failed to provide sufficient evidence or substantiated grounds to justify a stay of execution, did not attach a memorandum of appeal, and did not demonstrate substantial loss, special circumstances, or a substantial question of law. The affidavit was weak and lacking, and the applicants did not satisfy the legal or equitable requirements for a stay.

Citation
[2021] SCSC 876
Parties
Applicant: Dynamics (Pty) Limited; Applicant: Gregory Albert; Respondent: Daniel Vadivello; Respondent: Lidianne Agathine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 April 2021
Case Number
MA 219/2020 (arising from CS 02/2019)
Procedural Posture
Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeals, Equitable Remedies
Source Language
English
Civil Procedure Equity Stay of Execution Appeals Equitable Remedies

Case Brief

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Parties

Dynamics (Pty) Limited

Applicant

Gregory Albert

Applicant

Daniel Vadivello

Respondent

Lidianne Agathine

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have satisfied the legal and equitable grounds for a stay of execution pending appeal
  2. 2 Whether the applicants have demonstrated substantial loss, special circumstances, or a substantial question of law justifying a stay

Ratio Decidendi

The applicants failed to provide sufficient evidence or substantiated grounds to justify a stay of execution, did not attach a memorandum of appeal, and did not demonstrate substantial loss, special circumstances, or a substantial question of law. The affidavit was weak and lacking, and the applicants did not satisfy the legal or equitable requirements for a stay.

Court Disposition

Application dismissed

Orders

  • Application for stay of execution is denied
  • Respondents may be required to reimburse the judgment debt if the appeal is successful and the debt has already been paid