Leonel v Leonel (MA 253/2016 (Arising in MC 56/2013)) [2017] SCSC 872 (1 June 2017)

Leonel v Leonel (MA 253/2016 (Arising in MC 56/2013)) [2017] SCSC 872 (1 June 2017)

The court found that allowing construction to continue would cause substantial and irreparable loss and prejudice to the Applicant and other heirs, potentially frustrating the division in kind process. The balance of convenience and interests of justice required granting a restraining order pending final determination of the main suit.

Citation
[2017] SCSC 872
Parties
Applicant: Leonard Leonel; Respondent: Pascal Leonel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 June 2017
Case Number
MA 253/2016 (Arising in MC 56/2013)
Procedural Posture
Civil Motion / Ruling on Interlocutory Motion
Outcome
Motion granted
Legal Topics
Interlocutory Injunctions, Division in Kind, Co Ownership, Restraint Orders
Source Language
English
Property Law Civil Procedure Interlocutory Injunctions Division in Kind Co Ownership Restraint Orders

Case Brief

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Parties

Leonard Leonel

Applicant

Pascal Leonel

Respondent

Procedural Posture

Civil Motion / Ruling on Interlocutory Motion

Legal Issues

  1. 1 Whether a restraining order should issue to prevent construction on co-owned property pending final determination of division in kind

Ratio Decidendi

The court found that allowing construction to continue would cause substantial and irreparable loss and prejudice to the Applicant and other heirs, potentially frustrating the division in kind process. The balance of convenience and interests of justice required granting a restraining order pending final determination of the main suit.

Court Disposition

Motion granted

Orders

  • Respondent shall cease all construction and building works on the property forthwith pending final determination of the main suit or further order of the court