Simeon v Diallo (MA 60/2017) [2017] SCSC 199 (5 March 2017)

Simeon v Diallo (MA 60/2017) [2017] SCSC 199 (5 March 2017)

The applicant has a bona fide claim and will suffer substantial and irreparable loss, hardship, and inconvenience if the injunction is not granted; thus, an interlocutory injunction is warranted to prevent further entry by the respondent and third parties.

Source-derived case information.

Citation
[2017] SCSC 199
Parties
Applicant: Michel Geris Simeon; Respondent: Jeanne D'Arc Doreen Diallo
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 March 2017
Case Number
MA 60/2017
Procedural Posture
Civil Motion / Interlocutory Application for Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Tenancy Dispute, Equitable Relief
Source Language
english
Civil Procedure Property Law Interlocutory Injunction Tenancy Dispute Equitable Relief

Source-derived case record

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Parties

Michel Geris Simeon

Applicant

Jeanne D'Arc Doreen Diallo

Respondent

Procedural Posture

Civil Motion / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction restraining the respondent and third parties from entering and remaining in the applicant’s home

Ratio Decidendi

The applicant has a bona fide claim and will suffer substantial and irreparable loss, hardship, and inconvenience if the injunction is not granted; thus, an interlocutory injunction is warranted to prevent further entry by the respondent and third parties.

Court Disposition

Interlocutory injunction granted

Orders

  • A writ of injunction is issued against the respondent and/or any third parties prohibiting them forthwith from entering and remaining in the applicant’s home at Roche Caiman, Mahe.
  • A copy of the order is to be served on the respondent.