Lablache & Anor v Vital (MA 322 of 2023 (Arising in CA 02 of 2023)) [2024] SCSC 4 (19 January 2024)

Lablache & Anor v Vital (MA 322 of 2023 (Arising in CA 02 of 2023)) [2024] SCSC 4 (19 January 2024)

The applicants failed to demonstrate that they would be ruined or their appeal stifled if forced to comply with the judgment, nor did they show the respondent would be unable to repay sums if the appeal succeeds. The grounds of appeal raise substantial questions of law, but the applicants did not satisfy the requirements for a stay under the Elmasry guidelines. Therefore, the application for stay is dismissed.

Citation
[2024] SCSC 4
Parties
Applicant/appellant: Tony Lablache; Applicant/appellant: Philina Lablache; Respondent: Josianne Vital
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 January 2024
Case Number
MA 322 of 2023 (Arising in CA 02 of 2023)
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Eviction, Appeals, Rental Arrears
Source Language
English
Civil Procedure Landlord and Tenant Law Stay of Execution Eviction Appeals Rental Arrears

Case Brief

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Parties

Tony Lablache

Applicant/appellant

Philina Lablache

Applicant/appellant

Josianne Vital

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to a stay of execution of the judgment pending appeal
  2. 2 Whether the applicants have demonstrated substantial questions of law and risk of irreparable harm if stay is not granted

Ratio Decidendi

The applicants failed to demonstrate that they would be ruined or their appeal stifled if forced to comply with the judgment, nor did they show the respondent would be unable to repay sums if the appeal succeeds. The grounds of appeal raise substantial questions of law, but the applicants did not satisfy the requirements for a stay under the Elmasry guidelines. Therefore, the application for stay is dismissed.

Court Disposition

Application dismissed

Orders

  • Stay of execution pending appeal is refused