Cailachame v Low-Hong (MA 353/2017 (arising in CA 37/2017)) [2018] SCSC 8039 (18 January 2018)

Cailachame v Low-Hong (MA 353/2017 (arising in CA 37/2017)) [2018] SCSC 8039 (18 January 2018)

The applicant failed to demonstrate that a stay would be fair and equitable, as he had already vacated the premises, the tenancy had expired, and the premises were occupied by a third party. No irreparable harm was shown, and the chance of success on appeal was minimal.

Citation
[2018] SCSC 8039
Parties
Applicant: Samicannou Cailachame; Respondent: George Low-Hong
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 January 2018
Case Number
MA 353/2017 (arising in CA 37/2017)
Procedural Posture
Application for Stay of Execution / Ruling on Stay Pending Appeal
Outcome
Application for stay dismissed with costs to respondent
Legal Topics
Stay of Execution, Eviction, Appeal Procedure, Natural Justice
Source Language
English
Landlord and Tenant Civil Procedure Stay of Execution Eviction Appeal Procedure Natural Justice

Case Brief

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Samicannou Cailachame

Applicant

George Low-Hong

Respondent

Procedural Posture

Application for Stay of Execution / Ruling on Stay Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the Rent Board's eviction order pending appeal
  2. 2 Whether the applicant will suffer irreparable harm if stay is not granted
  3. 3 Whether the applicant has demonstrated a good chance of success on appeal

Ratio Decidendi

The applicant failed to demonstrate that a stay would be fair and equitable, as he had already vacated the premises, the tenancy had expired, and the premises were occupied by a third party. No irreparable harm was shown, and the chance of success on appeal was minimal.

Court Disposition

Application for stay dismissed with costs to respondent

Orders

  • Application for stay of execution dismissed
  • Costs awarded to respondent