Ex Parte: Jouana Ramkalawan v Hoareau (MA 211/2018) [2018] SCSC 8245 (23 August 2018)

Ex Parte: Jouana Ramkalawan v Hoareau (MA 211/2018) [2018] SCSC 8245 (23 August 2018)

The court found that the applicant would suffer greater harm and prejudice if the injunction was not granted, and that the urgency and impracticability of prior service justified an ex parte interim injunction.

Citation
[2018] SCSC 8245
Parties
Plaintiff: Jouana Ramkalawan; Defendant: Christopher Hoareau
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 August 2018
Case Number
MA 211/2018
Procedural Posture
Civil / Ex Parte Interim Injunction Application
Outcome
Ex parte interim injunction granted
Legal Topics
Interim Injunctions, Ex Parte Orders, Obstruction of Property Access
Source Language
English
Civil Procedure Property Law Interim Injunctions Ex Parte Orders Obstruction of Property Access

Case Brief

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Parties

Jouana Ramkalawan

Plaintiff

Christopher Hoareau

Defendant

Procedural Posture

Civil / Ex Parte Interim Injunction Application

Legal Issues

  1. 1 Whether an ex parte interim injunction should be granted to remove obstruction from the applicant's property entrance

Ratio Decidendi

The court found that the applicant would suffer greater harm and prejudice if the injunction was not granted, and that the urgency and impracticability of prior service justified an ex parte interim injunction.

Court Disposition

Ex parte interim injunction granted

Orders

  • Defendant to remove debris and materials blocking applicant's entrance immediately
  • Order to remain in force until 3rd September 2018 at 1.45 pm, when defendant must attend court to show cause against extension