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The intervener, having rescinded the contract by withdrawing his deposit and ceasing to participate in the proceedings, is estopped from intervening and has no locus standi to pursue specific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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the intervener should be granted leave to intervene in the suit for specific performance
- 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The intervener, having rescinded the contract by withdrawing his deposit and ceasing to participate in the proceedings, is estopped from intervening and has no locus standi to pursue specific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.
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