Lablache & Anor v Vital (488) [2023] SCSC 488 (23 June 2023)

Lablache & Anor v Vital (488) [2023] SCSC 488 (23 June 2023)

The applicants failed to satisfy the court that they would be ruined or their appeal stifled if forced to pay the rental arrears immediately, and did not show that the respondent would be unable to repay the sums if the appeal succeeds. The affidavits lacked supporting documents to prove substantial questions of law or good prospects of success. The requirements for grant of stay under the Elmasry guidelines were not met. Application for stay is dismissed.

Citation
[2023] SCSC 488
Parties
Applicant/appellant: Tony Lablache; Applicant/appellant: Philina Lablache; Respondent: Josianne Vitale
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 June 2023
Case Number
488
Procedural Posture
Civil Appeal Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution dismissed.
Legal Topics
Stay of Execution, Eviction, Appeal Procedure, Affidavit Evidence
Source Language
English
Civil Procedure Landlord and Tenant Stay of Execution Eviction Appeal Procedure Affidavit Evidence

Case Brief

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Parties

Tony Lablache

Applicant/appellant

Philina Lablache

Applicant/appellant

Josianne Vitale

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have satisfied the requirements for grant of stay of execution pending appeal
  2. 2 Whether substantial questions of law are raised in the appeal
  3. 3 Whether applicants will suffer irreparable harm if stay is not granted

Ratio Decidendi

The applicants failed to satisfy the court that they would be ruined or their appeal stifled if forced to pay the rental arrears immediately, and did not show that the respondent would be unable to repay the sums if the appeal succeeds. The affidavits lacked supporting documents to prove substantial questions of law or good prospects of success. The requirements for grant of stay under the Elmasry guidelines were not met. Application for stay is dismissed.

Court Disposition

Application for stay of execution dismissed.

Orders

  • Stay of execution is refused.
  • Application is dismissed.