Mortier v David (MA 79/2018 arising in CS8/2018) [2018] SCSC 8153 (23 April 2018)

Mortier v David (MA 79/2018 arising in CS8/2018) [2018] SCSC 8153 (23 April 2018)

The applicant was a statutory tenant under the Control of Rent and Tenancy Act, and only the Rent Board had jurisdiction to order eviction. The Supreme Court was not the proper forum to issue a writ of habere facias possessionem. The applicant demonstrated an overwhelming chance of success on appeal, justifying a stay of execution to prevent the appeal from being rendered nugatory.

Citation
[2018] SCSC 8153
Parties
Petitioner: Sylvain Mortier; Respondent: Marquise David
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 April 2018
Case Number
MA 79/2018 arising in CS8/2018
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted pending appeal
Legal Topics
Statutory Tenancy, Stay of Execution, Jurisdiction, Eviction Procedures
Source Language
English
Landlord and Tenant Law Civil Procedure Statutory Tenancy Stay of Execution Jurisdiction Eviction Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Sylvain Mortier

Petitioner

Marquise David

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the Supreme Court was the proper forum to order eviction of a statutory tenant
  2. 2 Whether a stay of execution should be granted pending appeal
  3. 3 Whether the applicant is a statutory tenant under the Control of Rent and Tenancy Act

Ratio Decidendi

The applicant was a statutory tenant under the Control of Rent and Tenancy Act, and only the Rent Board had jurisdiction to order eviction. The Supreme Court was not the proper forum to issue a writ of habere facias possessionem. The applicant demonstrated an overwhelming chance of success on appeal, justifying a stay of execution to prevent the appeal from being rendered nugatory.

Court Disposition

Stay of execution granted pending appeal

Orders

  • Stay of execution of the Supreme Court order granted until determination of the appeal