Popov v Desaubin (MA 164/2017 (arising in CS 52/2017)) [2017] SCSC 898 (12 July 2017)

Popov v Desaubin (MA 164/2017 (arising in CS 52/2017)) [2017] SCSC 898 (12 July 2017)

Granting the interlocutory injunction would effectively dispose of the main suit without a full hearing on the merits. The balance of convenience favors the respondent, and equity does not allow a remedy contrary to law or practical sense. The application for interlocutory injunction is refused.

Citation
[2017] SCSC 898
Parties
Petitioner: Todo Borisov Popov; Respondent: Lena Perriol Desaubin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 July 2017
Case Number
MA 164/2017 (arising in CS 52/2017)
Procedural Posture
Civil / Ruling on Interlocutory Injunction
Outcome
Application for interlocutory injunction refused
Legal Topics
Easements, Interlocutory Injunctions, Land Ownership, Balance of Convenience
Source Language
English
Property Law Civil Procedure Easements Interlocutory Injunctions Land Ownership Balance of Convenience

Case Brief

Summary, issues, holding and outcome

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Parties

Todo Borisov Popov

Petitioner

Lena Perriol Desaubin

Respondent

Procedural Posture

Civil / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the interlocutory injunction to remove and relocate the soak away pit (septic tank) should be granted pending the main suit
  2. 2 Whether the easement is binding on the applicant as successor in title
  3. 3 Whether the balance of convenience favors the applicant or respondent

Ratio Decidendi

Granting the interlocutory injunction would effectively dispose of the main suit without a full hearing on the merits. The balance of convenience favors the respondent, and equity does not allow a remedy contrary to law or practical sense. The application for interlocutory injunction is refused.

Court Disposition

Application for interlocutory injunction refused

Orders

  • Respondent's counsel to file statement of defence by 19 July 2017 at 10:30 a.m.
  • Notice to be sent to Mrs Aglae to file statement of defence