Benoit v Interior and Construction Design (Pty) Ltd and Another (146 of 2007) [2007] SCSC 105 (10 October 2007)
The applicant has demonstrated a bonafide claim, justifying provisional seizure of the specified property pending final disposal of the case.
- Citation
- [2007] SCSC 105
- Parties
- Applicant: Michel Benoit; Respondent: Interior and Construction Design (Pty) Ltd; Respondent: Sarah Sabadin
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 10 October 2007
- Case Number
- 146 of 2007
- Procedural Posture
- Civil / Interlocutory Order
- Outcome
- Order for provisional seizure granted
- Legal Topics
- Provisional Seizure, Interlocutory Relief
- Source Language
- English
Case Brief
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Parties
Michel Benoit
Applicant
Interior and Construction Design (Pty) Ltd
Respondent
Sarah Sabadin
Respondent
Procedural Posture
Civil / Interlocutory Order
Legal Issues
- 1 Whether the applicant is entitled to provisional seizure of the respondents' property under section 208 of Cap 213
Ratio Decidendi
The applicant has demonstrated a bonafide claim, justifying provisional seizure of the specified property pending final disposal of the case.
Court Disposition
Order for provisional seizure granted
Orders
- Motor vehicles S5483 and S12154 belonging to the 1st Respondent and furniture belonging to the 2nd Respondent to be provisionally seized by a Process Server until final disposal of the case.
- Respondent may use the items but may not sell, mortgage, pledge, or dispose of ownership without court order.
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