NSJ Construction (Pty) Ltd & Anor v F.B. Choppy (Pty) Ltd (MA 191/2019 (arising in CS 29/2010)) [2020] SCSC 420 (19 January 2020)

NSJ Construction (Pty) Ltd & Anor v F.B. Choppy (Pty) Ltd (MA 191/2019 (arising in CS 29/2010)) [2020] SCSC 420 (19 January 2020)

The court found that while it stands by its original judgment, the grounds of appeal are not frivolous or vexatious, and considering the competing rights of the parties and the offer to pay the judgment sum into court, a stay of execution is justified pending appeal, conditional upon payment of the judgment sum into court.

Citation
[2020] SCSC 420
Parties
Applicant: NSJ Construction (Pty) Ltd; Applicant: Gregoire Payet; Respondent: F. B Choppy (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 January 2020
Case Number
MA 191/2019 (arising in CS 29/2010)
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted subject to condition
Legal Topics
Stay of Execution, Appeal, Discretion of Court
Source Language
English
Civil Procedure Stay of Execution Appeal Discretion of Court

Case Brief

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Parties

NSJ Construction (Pty) Ltd

Applicant

Gregoire Payet

Applicant

F. B Choppy (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 What are the criteria for granting a stay of execution

Ratio Decidendi

The court found that while it stands by its original judgment, the grounds of appeal are not frivolous or vexatious, and considering the competing rights of the parties and the offer to pay the judgment sum into court, a stay of execution is justified pending appeal, conditional upon payment of the judgment sum into court.

Court Disposition

Stay of execution granted subject to condition

Orders

  • Stay of execution granted on condition that the respondent pays the judgment sum into court within one week; the sum to be held by the court until final determination of the appeal.