Ladouceur v Varnier (MA 101/2021) [2021] SCSC 958 (21 July 2021)

Ladouceur v Varnier (MA 101/2021) [2021] SCSC 958 (21 July 2021)

The appeal was dismissed because the notice of appeal was defective for lacking grounds as required by statute, and the appellant failed to show sufficient cause for delay or grounds for a stay. The Rent Board had considered hardship, and the appellant had already benefited from additional time to vacate. The Registrar had no authority to halt execution without a court order.

Citation
[2021] SCSC 958
Parties
Appellant/applicant: Mary-Jane Ladouceur; Respondent: Julie Varnier
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 July 2021
Case Number
MA 101/2021
Procedural Posture
Civil Appeal and Stay Application / Judgment on Appeal and Stay of Execution
Outcome
appeal dismissed; stay of execution denied
Legal Topics
Eviction, Stay of Execution, Appeal Timelines, Hardship in Eviction, Powers of Court Officers
Source Language
English
Land Law Tenancy Law Civil Procedure Eviction Stay of Execution Appeal Timelines Hardship in Eviction Powers of Court Officers

Case Brief

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Parties

Mary-Jane Ladouceur

Appellant/applicant

Julie Varnier

Respondent

Procedural Posture

Civil Appeal and Stay Application / Judgment on Appeal and Stay of Execution

Legal Issues

  1. 1 Whether the appeal was properly filed within statutory timelines and with proper grounds
  2. 2 Whether the stay of execution should be granted pending appeal
  3. 3 Whether the Rent Board considered the hardship to the appellant in issuing the eviction order

Ratio Decidendi

The appeal was dismissed because the notice of appeal was defective for lacking grounds as required by statute, and the appellant failed to show sufficient cause for delay or grounds for a stay. The Rent Board had considered hardship, and the appellant had already benefited from additional time to vacate. The Registrar had no authority to halt execution without a court order.

Court Disposition

appeal dismissed; stay of execution denied

Orders

  • The stay of execution is denied.
  • The appeal is dismissed.