Patrick and De Souza & De Souza (MA 159/2021) [2021] SCSC 1060 (22 November 2021)

Patrick and De Souza & De Souza (MA 159/2021) [2021] SCSC 1060 (22 November 2021)

The application for stay of execution is granted because there are substantial legal grounds to be adjudicated on appeal, the grounds are not frivolous or vexatious, and the balance of convenience favors preserving the applicant's position pending appeal.

Citation
[2021] SCSC 1060
Parties
Applicant: Patrick Putz; Respondent: Sabrina De Souza-Jahnel; Respondent: John Aubrey De Souza
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 November 2021
Case Number
MA 159/2021
Procedural Posture
Civil / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted
Legal Topics
Stay of Execution, Appeal, Discretion of Court
Source Language
English

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Parties

Patrick Putz

Applicant

Sabrina De Souza-Jahnel

Respondent

John Aubrey De Souza

Respondent

Procedural Posture

Civil / Ruling on Application for Stay of Execution Pending Appeal

  1. 1 Whether to grant a stay of execution of judgment pending appeal

Ratio Decidendi

The application for stay of execution is granted because there are substantial legal grounds to be adjudicated on appeal, the grounds are not frivolous or vexatious, and the balance of convenience favors preserving the applicant's position pending appeal.

Court Disposition

Stay of execution granted

Orders

  • Stay of execution of the judgment pending appeal is granted.
  • Each party to bear their own costs.