Lesperance v Bastienne (MA 210/2017 (arising in CS 246/2006)) [2017] SCSC 956 (6 November 2017)

A proper basis for a stay has been established as it would be fair to all parties, given the points of law raised and that a short delay in payment will not cause undue hardship to the respondent.

Citation: [2017] SCSC 956
Parties: Applicant: Peter Lesperance; Respondent: Benny Bastienne
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 6 November 2017
Case Number: MA 210/2017 (arising in CS 246/2006)
Procedural Posture: Civil Motion / Application for Stay of Execution Pending Appeal
Outcome: Stay of execution granted pending appeal
Legal Topics: Stay of Execution, Appeal, Discretionary Powers of Court
Source Language: English

Civil Procedure Stay of Execution Appeal Discretionary Powers of Court

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Peter Lesperance

Applicant

Benny Bastienne

Respondent

Procedural Posture

Civil Motion / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether a stay of execution should be granted pending appeal
2 Whether the applicant has established a proper basis for a stay

Ratio Decidendi

A proper basis for a stay has been established as it would be fair to all parties, given the points of law raised and that a short delay in payment will not cause undue hardship to the respondent.

Court Disposition

Stay of execution granted pending appeal

Orders

Stay of execution of the judgment of the Supreme Court dated 5th June 2017 against the applicant pending appeal
No further action to be taken by any parties in relation to the disputed land parcels