Kannu's Shopping Centre (Pty) Ltd v Hodoul (293 of 2006) [2006] SCSC 57 (2 August 2006)
The court was satisfied of the urgency and imminent risk to the applicant's property and granted an interim injunction to preserve the status quo until final disposal of the suit.
Source-derived case information.
- Citation
- [2006] SCSC 57
- Parties
- Petitioner/plaintiff: Kannu’s Shopping Centre (Pty) Ltd; Respondent/defendant: Ms. Cecile Hodoul
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- 293 of 2006
- Procedural Posture
- Civil / Ex Parte Interim Injunction Application
- Outcome
- Interim injunction granted
- Legal Topics
- Interim Injunction, Access to Leased Premises, Preservation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kannu’s Shopping Centre (Pty) Ltd
Petitioner/plaintiff
Ms. Cecile Hodoul
Respondent/defendant
Procedural Posture
Civil / Ex Parte Interim Injunction Application
Legal Issues
- 1 Whether an interim injunction should issue to prevent removal of applicant's property from leased premises
- 2 Whether the applicant should be granted access to the sealed premises
Ratio Decidendi
The court was satisfied of the urgency and imminent risk to the applicant's property and granted an interim injunction to preserve the status quo until final disposal of the suit.
Court Disposition
Interim injunction granted
Orders
- Respondent and its agents are prohibited from removing the applicant's properties stored in the leased premises.
- Respondent and its agents are ordered to remove the padlock welded on the front gate to allow applicant access until final disposal of the suit.
Full Case Text
Judgment text and source record
1 paragraphs
1 IN THE SUPREME COURT OF SEYCHELLES KANNU’S SHOPPING CENTRE (PTY) LTD (Rep by its Director Mr. Shanmourgasundaram)................................. Petitioner/Plaintiffs VS. MS. CECILE HODOUL.............................................................. Respondent/Defendant (Rep by Bel Etang (Pty) Ltd) Civil Side No. 293 of 2006 Mr. Rajasundaram for the Petitioner/Plaintiff On exparte interim injunction ORDER Gaswaga, J Being satisfied, from the evidence on record and by the submissions of Mr. Rajasundaram counsel for the Petitioner/Plaintiff, of the extreme urgency of the present application and the imminent removal of the Applicant’s properties from the Respondent’s business premises that have been sealed off and therefore not accessible by the Applicant (forming the subject matter of dispute between the parties), I grant the application and order that:- i) An interim injunction be issued to prohibit the Respondent/Defendant, its agents and/or servants from removing the properties of the Petitioner/Plaintiff stored in the leased premises. The Respondent/Defendant, its agents and/or servants to remove the padlock welded on the front gate of the leased premises so that the Petitioner/Plaintiff maintains the status quo of having access to the property until the final disposal of the suit filed by the Petitioner/Plaintiff. The said interim injunctions are issued at the peril and risk of the Applicant and are to remain in force until further ordered by this court. Notice is to be given to all the parties concerned and the matter is to be made returnable on the ……………… day of ……………......, 2006. JUDGE D. GASWAGA Dated this 3rd day of August, 2006