Confait & Anor v Port-Louis & Anor (MA 06/2020 (arising out of CS 06/2016)) [2020] SCSC 501 (14 May 2020)

Confait & Anor v Port-Louis & Anor (MA 06/2020 (arising out of CS 06/2016)) [2020] SCSC 501 (14 May 2020)

The applicant failed to provide sufficient factual basis to justify a stay of execution pending appeal, but justice and equity require the provisional release of the seized vehicle to the applicant due to her destitution and reliance on the vehicle for income.

Citation
[2020] SCSC 501
Parties
Applicant: Flossy Confait; Applicant: Barney Confait; Respondent: Agnette Rita Port-Louis; Respondent: Jacquelin Port-Louis
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 May 2020
Case Number
MA 06/2020 (arising out of CS 06/2016)
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application for stay of execution refused; ancillary order for release of vehicle granted
Legal Topics
Stay of Execution, Equitable Relief, Seizure of Property
Source Language
English
Civil Procedure Enforcement of Judgments Stay of Execution Equitable Relief Seizure of Property

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Parties

Flossy Confait

Applicant

Barney Confait

Applicant

Agnette Rita Port-Louis

Respondent

Jacquelin Port-Louis

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of judgment pending appeal under section 230 of the Seychelles Code of Civil Procedure
  2. 2 Whether equitable grounds exist to release the seized vehicle to the applicant

Ratio Decidendi

The applicant failed to provide sufficient factual basis to justify a stay of execution pending appeal, but justice and equity require the provisional release of the seized vehicle to the applicant due to her destitution and reliance on the vehicle for income.

Court Disposition

application for stay of execution refused; ancillary order for release of vehicle granted

Orders

  • Application to stay execution of judgment pending appeal refused.
  • Registrar ordered to release taxi vehicle S2349 into the personal custody of Mrs. Flossy Confait, subject to production of valid taxi licence and comprehensive insurance within 30 days.