Longobardi & Anor v Rocchi (MA 29/2020) [2020] SCSC 655 (25 November 2020)

Longobardi & Anor v Rocchi (MA 29/2020) [2020] SCSC 655 (25 November 2020)

Applicants failed to provide evidence that they would be ruined or their appeal stifled if forced to pay, or that the respondent would be unable to repay the monies if the appeal succeeded; thus, the requirements for a stay of execution were not met.

Citation
[2020] SCSC 655
Parties
Applicant: Massimo Longobardi; Applicant: Felicita Pirozzolo; Respondent: Roberto Rocchi
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 November 2020
Case Number
MA 29/2020
Procedural Posture
Civil Motion (stay of Execution) / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Motion for stay of execution dismissed
Legal Topics
Stay of Execution, Appeals, Discretionary Remedies
Source Language
English
Civil Procedure Stay of Execution Appeals Discretionary Remedies

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Parties

Massimo Longobardi

Applicant

Felicita Pirozzolo

Applicant

Roberto Rocchi

Respondent

Procedural Posture

Civil Motion (stay of Execution) / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have satisfied the legal requirements for a stay of execution pending appeal

Ratio Decidendi

Applicants failed to provide evidence that they would be ruined or their appeal stifled if forced to pay, or that the respondent would be unable to repay the monies if the appeal succeeded; thus, the requirements for a stay of execution were not met.

Court Disposition

Motion for stay of execution dismissed

Orders

  • Each party to bear their own costs