Pillay v Pillay (MA 141/2018) [2018] SCSC 8248 (2 September 2018)

Pillay v Pillay (MA 141/2018) [2018] SCSC 8248 (2 September 2018)

A stay of execution is granted only in respect of the order concerning Impact Logistics Ltd as it owns Parcel V10596 at Le Niol, due to the risk of greater inconvenience to the applicant if evicted and the presence of a minor child. The stay is refused for orders relating to Sterling Investments Ltd and Parcel J1606, as any inconvenience to the applicant can be compensated monetarily.

Citation
[2018] SCSC 8248
Parties
Applicant: Gracy Sybil Pillay; Respondent: Anthony Herbert Dave Pillay
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 September 2018
Case Number
MA 141/2018
Procedural Posture
Civil Application / Stay of Execution Pending Appeal
Outcome
Stay of execution granted in part, refused in part
Legal Topics
Stay of Execution, Matrimonial Property, Appeal Procedure
Source Language
English
Civil Procedure Family Law Stay of Execution Matrimonial Property Appeal Procedure

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Parties

Gracy Sybil Pillay

Applicant

Anthony Herbert Dave Pillay

Respondent

Procedural Posture

Civil Application / Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal in relation to orders for division of matrimonial property

Ratio Decidendi

A stay of execution is granted only in respect of the order concerning Impact Logistics Ltd as it owns Parcel V10596 at Le Niol, due to the risk of greater inconvenience to the applicant if evicted and the presence of a minor child. The stay is refused for orders relating to Sterling Investments Ltd and Parcel J1606, as any inconvenience to the applicant can be compensated monetarily.

Court Disposition

Stay of execution granted in part, refused in part

Orders

  • Stay of execution granted in respect of the order concerning Impact Logistics Ltd and Parcel V10596 at Le Niol.
  • Stay of execution refused in respect of orders relating to Sterling Investments Ltd and Parcel J1606.