F.B. Choppy (Pty) Ltd v NSJ Construction (Pty) Ltd (15 of 2011) [2011] SCSC 31 (2 May 2011)

F.B. Choppy (Pty) Ltd v NSJ Construction (Pty) Ltd (15 of 2011) [2011] SCSC 31 (2 May 2011)

The applicant failed to establish a continuing wrongful act or breach of contract by the respondent and did not demonstrate irreparable loss, as the losses claimed are quantifiable and compensable by damages. The application does not meet the requirements for a mandatory injunction under Section 304 of the SCCP.

Citation
[2011] SCSC 31
Parties
Applicant: F. B. Choppy (Pty) Ltd; Respondent: NSJ Construction (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 May 2011
Case Number
15 of 2011
Procedural Posture
Miscellaneous Application (arising From Civil Side) / Ruling on Application for Mandatory Injunction
Outcome
Application dismissed with costs
Legal Topics
Mandatory Injunction, Breach of Contract, Arbitration Award Enforcement
Source Language
English
Civil Procedure Contract Law Mandatory Injunction Breach of Contract Arbitration Award Enforcement

Case Brief

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Parties

F. B. Choppy (Pty) Ltd

Applicant

NSJ Construction (Pty) Ltd

Respondent

Procedural Posture

Miscellaneous Application (arising From Civil Side) / Ruling on Application for Mandatory Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a mandatory injunction to compel the respondent to vacate and hand over the site at Anse Reunion, La Digue
  2. 2 Whether the applicant has established irreparable loss justifying the injunction

Ratio Decidendi

The applicant failed to establish a continuing wrongful act or breach of contract by the respondent and did not demonstrate irreparable loss, as the losses claimed are quantifiable and compensable by damages. The application does not meet the requirements for a mandatory injunction under Section 304 of the SCCP.

Court Disposition

Application dismissed with costs

Orders

  • Application for mandatory injunction is dismissed with costs