Vel v Albert & Anor (CS 29/2016) [2016] SCSC 282 (21 April 2016)

Vel v Albert & Anor (CS 29/2016) [2016] SCSC 282 (21 April 2016)

The court found a real issue of nuisance to be tried and that irreparable harm would be suffered by the applicant or her son if interim relief was not granted. The balance of convenience and interests of justice required an interim injunction to maintain peace pending the main suit.

Source-derived case information.

Citation
[2016] SCSC 282
Parties
Applicant: Sally Martine Vel; Respondent: Lucille Albert; Respondent: Rennick Mathiot
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 April 2016
Case Number
CS 29/2016
Procedural Posture
Civil / Interlocutory Application for Prohibitory Injunction
Outcome
Interim injunction granted as prayed by the applicant.
Legal Topics
Interlocutory Injunction, Nuisance, Balance of Convenience
Source Language
english
Civil Procedure Tort Interlocutory Injunction Nuisance Balance of Convenience

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Sally Martine Vel

Applicant

Lucille Albert

Respondent

Rennick Mathiot

Respondent

Procedural Posture

Civil / Interlocutory Application for Prohibitory Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory prohibitory injunction to restrain the respondents from playing loud music causing nuisance.

Ratio Decidendi

The court found a real issue of nuisance to be tried and that irreparable harm would be suffered by the applicant or her son if interim relief was not granted. The balance of convenience and interests of justice required an interim injunction to maintain peace pending the main suit.

Court Disposition

Interim injunction granted as prayed by the applicant.

Orders

  • Respondents not to play loud amplified music of any kind pending determination of the main case by the Supreme Court.
  • Respondents to maintain peace and quiet in the neighbourhood pending the main case by the Supreme Court.