Searles v Pothin (MC61/2021) [2021] SCSC 1045 (11 November 2021)

Searles v Pothin (MC61/2021) [2021] SCSC 1045 (11 November 2021)

The applicant failed to demonstrate sufficient grounds for a stay of execution. There is no substantial question of law, no special circumstances, and no real prospect of success. The balance of convenience favors the respondent, who is deprived of her property rights by continued occupation. The application is therefore dismissed.

Citation
[2021] SCSC 1045
Parties
Applicant: Jonathan Searles; Respondent: Winsel Pothin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 November 2021
Case Number
MC61/2021
Procedural Posture
Application for Stay of Execution (arising From Writ Habere Facias Possessionem) / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Writ Habere Facias Possessionem, Appeal Procedure, Usufructuary Interest
Source Language
English
Civil Procedure Property Law Stay of Execution Writ Habere Facias Possessionem Appeal Procedure Usufructuary Interest

Case Brief

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Parties

Jonathan Searles

Applicant

Winsel Pothin

Respondent

Procedural Posture

Application for Stay of Execution (arising From Writ Habere Facias Possessionem) / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether sufficient grounds exist to grant a stay of execution pending appeal
  2. 2 Whether the balance of convenience favors granting a stay
  3. 3 Whether the application was filed out of time

Ratio Decidendi

The applicant failed to demonstrate sufficient grounds for a stay of execution. There is no substantial question of law, no special circumstances, and no real prospect of success. The balance of convenience favors the respondent, who is deprived of her property rights by continued occupation. The application is therefore dismissed.

Court Disposition

Application dismissed

Orders

  • Application for stay of execution is dismissed
  • Costs awarded to the respondent