Awege and Another v Lappe and Others (323 0f 2006) [2009] SCSC 75 (11 August 2009)

Awege and Another v Lappe and Others (323 0f 2006) [2009] SCSC 75 (11 August 2009)

The application for security for costs fails because both plaintiffs and defendants are residents of Seychelles and there is no evidence of insolvency, thus the statutory requirements are not met.

Source-derived case information.

Citation
[2009] SCSC 75
Parties
Plaintiff: Marija Zlatkovic; Plaintiff: Gunter Fritz Awege; Defendant: Christine Lappe; Defendant: Heiko Lappe; Defendant: Yves Chopyy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 August 2009
Case Number
323 0f 2006
Procedural Posture
Civil / Ruling on Application for Security for Costs
Outcome
application declined
Legal Topics
Security for Costs, Residency of Parties, Insolvency
Source Language
english
Civil Procedure Security for Costs Residency of Parties Insolvency

Source-derived case record

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Parties

Marija Zlatkovic

Plaintiff

Gunter Fritz Awege

Plaintiff

Christine Lappe

Defendant

Heiko Lappe

Defendant

Yves Chopyy

Defendant

Procedural Posture

Civil / Ruling on Application for Security for Costs

Legal Issues

  1. 1 Whether the plaintiffs should provide security for costs under Article 16 of the Civil Code of Seychelles and section 219 of the Seychelles Code of Civil Procedure

Ratio Decidendi

The application for security for costs fails because both plaintiffs and defendants are residents of Seychelles and there is no evidence of insolvency, thus the statutory requirements are not met.

Court Disposition

application declined

Orders

  • application by the 1st and 2nd defendants for security for costs is declined