Ex parte Socrate (MA 338/2021 (Arising in CS125/2021)) [2022] SCSC 1055 (21 January 2022)

Ex parte Socrate (MA 338/2021 (Arising in CS125/2021)) [2022] SCSC 1055 (21 January 2022)

The application was dismissed because the applicant failed to provide documentary evidence to prove essential matters such as joint ownership of the property, business licensing, and police reports, which are necessary for the court to make an informed decision on the injunction.

Citation
[2022] SCSC 1055
Parties
Applicant: Josette Socrate; Respondent: Daniel Socrate
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 January 2022
Case Number
MA 338/2021 (Arising in CS125/2021)
Procedural Posture
Ex Parte Application for Interlocutory Injunction / Ruling on Urgent Ex Parte Interlocutory Injunction
Outcome
Application dismissed
Legal Topics
Interlocutory Injunctions, Ex Parte Applications, Evidentiary Requirements, Joint Property, Business Interference
Source Language
English
Civil Procedure Family Law Property Law Interlocutory Injunctions Ex Parte Applications Evidentiary Requirements Joint Property Business Interference

Case Brief

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Parties

Josette Socrate

Applicant

Daniel Socrate

Respondent

Procedural Posture

Ex Parte Application for Interlocutory Injunction / Ruling on Urgent Ex Parte Interlocutory Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an urgent ex parte interlocutory injunction pending the determination of the principal suit
  2. 2 Whether the applicant has provided sufficient evidence to support the grant of the injunction

Ratio Decidendi

The application was dismissed because the applicant failed to provide documentary evidence to prove essential matters such as joint ownership of the property, business licensing, and police reports, which are necessary for the court to make an informed decision on the injunction.

Court Disposition

Application dismissed

Orders

  • The application for urgent ex parte interlocutory injunction is dismissed.