Lucas v Edmond & Anor (MA 117/2020) [2020] SCSC 588 (21 August 2020)

Lucas v Edmond & Anor (MA 117/2020) [2020] SCSC 588 (21 August 2020)

The applicant failed to provide evidence that the respondent was acting in a manner to defeat the satisfaction of any future judgment; mere belief and general averments are insufficient to meet the threshold for provisional seizure as clarified in Eastern European Engineering v Vijay Construction.

Citation
[2020] SCSC 588
Parties
Applicant/1st Defendant/counterclaimant: Charles Lucas; Respondent/plaintiff: Marie Therese Edouard
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 August 2020
Case Number
MA 117/2020
Procedural Posture
Civil Application (provisional Seizure) Arising From Counterclaim / Ruling on Application for Provisional Seizure
Outcome
Application for provisional seizure dismissed
Legal Topics
Provisional Seizure, Bona Fide Claim, Fair Hearing, Counterclaim
Source Language
English
Civil Procedure Provisional Seizure Bona Fide Claim Fair Hearing Counterclaim

Case Brief

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Parties

Charles Lucas

Applicant/1st Defendant/counterclaimant

Marie Therese Edouard

Respondent/plaintiff

Procedural Posture

Civil Application (provisional Seizure) Arising From Counterclaim / Ruling on Application for Provisional Seizure

Legal Issues

  1. 1 Whether the applicant is entitled to an order for provisional seizure of movables under sections 280 and 281 of the Seychelles Code of Civil Procedure
  2. 2 Whether the application meets the threshold for a bona fide claim justifying provisional seizure
  3. 3 Whether the right to fair hearing was observed in the procedure adopted

Ratio Decidendi

The applicant failed to provide evidence that the respondent was acting in a manner to defeat the satisfaction of any future judgment; mere belief and general averments are insufficient to meet the threshold for provisional seizure as clarified in Eastern European Engineering v Vijay Construction.

Court Disposition

Application for provisional seizure dismissed

Orders

  • Application for provisional seizure refused