Vargiolu v Verlaque (MA 104/2018) [2018] SCSC 8150 (16 April 2018)
The court exercised its equitable jurisdiction to grant a temporary injunction due to demonstrated urgency, ongoing construction, and difficulties in access and service, pending final determination of the principal suit.
- Citation
- [2018] SCSC 8150
- Parties
- Plaintiff: Roger Vargiolu; Defendant: Richelieu Joseph Verlaque
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 16 April 2018
- Case Number
- MA 104/2018
- Procedural Posture
- Civil / Ex Parte Interim Injunction Application
- Outcome
- Temporary injunction granted
- Legal Topics
- Injunctions, Urgency, Access to Property, Construction Works
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Roger Vargiolu
Plaintiff
Richelieu Joseph Verlaque
Defendant
Procedural Posture
Civil / Ex Parte Interim Injunction Application
Legal Issues
- 1 Whether the applicant is entitled to an ex parte injunction on grounds of urgency
- 2 Whether ongoing construction and access issues justify interim relief
Ratio Decidendi
The court exercised its equitable jurisdiction to grant a temporary injunction due to demonstrated urgency, ongoing construction, and difficulties in access and service, pending final determination of the principal suit.
Court Disposition
Temporary injunction granted
Orders
- Prohibiting defendant and agents from continuing construction works on parcel PR 3980 or any other road access from main road at Grand Fond/Anse Boudin junction to the beach front
- Restraining defendant and agents from retaining third parties to proceed with construction on parcel PR 3980 until final determination of the principal suit
Full Case Text
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