Ghezzi and Another v Imbergamo and Another (256 of 2007) [2010] SCSC 90 (5 May 2010)

Ghezzi and Another v Imbergamo and Another (256 of 2007) [2010] SCSC 90 (5 May 2010)

The intervener, having rescinded the contract by withdrawing his deposit and ceasing to participate in the proceedings, is estopped from intervening and has no locus standi to pursue specific performance in this suit.

Citation
[2010] SCSC 90
Parties
Plaintiff: Paolo Ghezzi; Plaintiff: Nadine Andre; Defendant: Giuseppe Imbergamo; Defendant: Cala Maria Di Nunzio; Intervener: Andrea Colucci
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 May 2010
Case Number
256 of 2007
Procedural Posture
Civil / Ruling on Application for Leave to Intervene
Outcome
application dismissed
Legal Topics
Intervention, Specific Performance, Locus Standi, Rescission of Contract
Source Language
English

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Parties

Paolo Ghezzi

Plaintiff

Nadine Andre

Plaintiff

Giuseppe Imbergamo

Defendant

Cala Maria Di Nunzio

Defendant

Andrea Colucci

Intervener

Procedural Posture

Civil / Ruling on Application for Leave to Intervene

  1. 1 Whether the intervener should be granted leave to intervene in the suit for specific performance
  2. 2 Whether the intervener has locus standi after rescinding the contract

Ratio Decidendi

The intervener, having rescinded the contract by withdrawing his deposit and ceasing to participate in the proceedings, is estopped from intervening and has no locus standi to pursue specific performance in this suit.

Court Disposition

application dismissed

Orders

  • Application for leave to intervene is dismissed.
  • Leave to intervene in the action is declined.