OL v DL (MA 81/2020) [2020] SCSC 530 (26 June 2020)

OL v DL (MA 81/2020) [2020] SCSC 530 (26 June 2020)

The Court found that the Applicant has a bona fide claim to the matrimonial property, that irreparable harm would result if the assets were alienated before the main suit is determined, and that the principles for granting an interlocutory injunction were satisfied.

Citation
[2020] SCSC 530
Parties
Petitioner: OL; Respondent: DL
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 June 2020
Case Number
MA 81/2020
Procedural Posture
Divorce Petition With Application for Interim Injunction / Interlocutory Application for Injunction Pending Determination of Main Suit
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunctions, Matrimonial Property, Postnuptial Agreements
Source Language
English
Family Law Civil Procedure Interlocutory Injunctions Matrimonial Property Postnuptial Agreements

Case Brief

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Parties

OL

Petitioner

DL

Respondent

Procedural Posture

Divorce Petition With Application for Interim Injunction / Interlocutory Application for Injunction Pending Determination of Main Suit

Legal Issues

  1. 1 Whether an interlocutory injunction can be granted in a divorce petition where the main suit only prays for dissolution of marriage
  2. 2 Whether the postnuptial agreement is operative for purposes of the injunction
  3. 3 Whether the principles for granting an injunction are satisfied

Ratio Decidendi

The Court found that the Applicant has a bona fide claim to the matrimonial property, that irreparable harm would result if the assets were alienated before the main suit is determined, and that the principles for granting an interlocutory injunction were satisfied.

Court Disposition

Interlocutory injunction granted

Orders

  • Injunction prohibiting the Respondent and any other person from transferring specified parcels and vehicles is issued.
  • The Writ of Injunction shall subsist until the determination of the suit in Civil Side Number 56 of 2020.