Faye v Lefevre (CS 225/2007) [2012] SCSC 51 (3 February 2012)

Faye v Lefevre (CS 225/2007) [2012] SCSC 51 (3 February 2012)

The applications are not frivolous or vexatious, and a stay is warranted to avoid embarrassment and preserve the respondent's rights, provided the status quo is maintained until the appeal is concluded.

Citation
[2012] SCSC 51
Parties
First Applicant: Nathalie Lefevre; Second Applicant: Beau Vallon Properties Ltd; Respondent: Faye
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 February 2012
Case Number
CS 225/2007
Procedural Posture
Civil / Application for Stay of Execution Pending Appeal
Outcome
stay of execution granted with conditions
Legal Topics
Stay of Execution, Appeals, Equitable Jurisdiction
Source Language
English
Civil Procedure Stay of Execution Appeals Equitable Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Nathalie Lefevre

First Applicant

Beau Vallon Properties Ltd

Second Applicant

Faye

Respondent

Procedural Posture

Civil / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether applicants have shown sufficient cause for stay

Ratio Decidendi

The applications are not frivolous or vexatious, and a stay is warranted to avoid embarrassment and preserve the respondent's rights, provided the status quo is maintained until the appeal is concluded.

Court Disposition

stay of execution granted with conditions

Orders

  • Stay of execution granted on condition that the status quo at the date of judgment is maintained by the applicants until the appeals are concluded.
  • Costs shall be costs in the case.