EME Management Services Ltd v Island Development Company Ltd (90 of 2009) [2009] SCSC 99 (19 July 2009)

EME Management Services Ltd v Island Development Company Ltd (90 of 2009) [2009] SCSC 99 (19 July 2009)

The Plaintiff's likelihood of success is not a ground for setting aside the prohibition order at this stage. The Defendant's counterclaim for breach of contract is an admission of the contract's existence. The letter relied on by the Defendant does not constitute an admission by the Plaintiff.

Citation
[2009] SCSC 99
Parties
Plaintiff: E. M. E Management Services Ltd; Defendant: Island Development Company
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 July 2009
Case Number
90 of 2009
Procedural Posture
Civil / Interlocutory Application to Set Aside Ex Parte Prohibition Order
Outcome
Application to set aside prohibition order declined
Legal Topics
Provisional Seizure, Prohibition Order, Contract Validity
Source Language
English
Civil Procedure Provisional Seizure Prohibition Order Contract Validity

Case Brief

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Parties

E. M. E Management Services Ltd

Plaintiff

Island Development Company

Defendant

Procedural Posture

Civil / Interlocutory Application to Set Aside Ex Parte Prohibition Order

Legal Issues

  1. 1 Whether the prohibition order should be set aside due to lack of contract between parties
  2. 2 Whether the Plaintiff's lack of license invalidates the contract

Ratio Decidendi

The Plaintiff's likelihood of success is not a ground for setting aside the prohibition order at this stage. The Defendant's counterclaim for breach of contract is an admission of the contract's existence. The letter relied on by the Defendant does not constitute an admission by the Plaintiff.

Court Disposition

Application to set aside prohibition order declined

Orders

  • Prohibition order issued on 17th April 2009 remains in force