Savoy Development Limited v Salum (MA 293 of 2022) [2023] SCSC 429 (13 June 2023)

Savoy Development Limited v Salum (MA 293 of 2022) [2023] SCSC 429 (13 June 2023)

The application is dismissed because the affidavit in support does not contain the necessary averments to meet the requirements for a stay of execution, fails to show how the appeal would be rendered nugatory, and does not attach the required authority for the deponent. The application is also found to be verbose and an abuse of process.

Citation
[2023] SCSC 429
Parties
Applicant: Savoy Development Limited; Respondent: Sharifa Salum
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 June 2023 13 June 2023 19 January 2023
Case Number
MA 293 of 2022
Procedural Posture
Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Jurisdiction, Affidavit Requirements, Abuse of Process
Source Language
English
Civil Procedure Employment Law Stay of Execution Jurisdiction Affidavit Requirements Abuse of Process

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Savoy Development Limited

Applicant

Sharifa Salum

Respondent

Procedural Posture

Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the application for stay of execution meets the legal requirements under Seychelles law
  2. 2 Whether the affidavit in support is sufficient
  3. 3 Whether the court has jurisdiction to grant the stay

Ratio Decidendi

The application is dismissed because the affidavit in support does not contain the necessary averments to meet the requirements for a stay of execution, fails to show how the appeal would be rendered nugatory, and does not attach the required authority for the deponent. The application is also found to be verbose and an abuse of process.

Court Disposition

Application dismissed

Orders

  • The application for stay of execution is dismissed.
  • The interim stay of execution granted on 11th January 2023 is vacated.