Savoy Development Limited v Salum (MA 81/2021) [2021] SCSC 944 (9 July 2021)
The application for stay of execution was dismissed because there were no material questions of law, the claim was for money which is recoverable, the applicant would not suffer irreparable loss, and there were no special circumstances warranting a stay.
- Citation
- [2021] SCSC 944
- Parties
- Applicant: Savoy Development Limited; Respondent: Sharifa Salum
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 9 July 2021
- Case Number
- MA 81/2021
- Procedural Posture
- Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution
- Outcome
- Application for stay of execution pending appeal dismissed with costs.
- Legal Topics
- Stay of Execution, Appeal Procedure, Unlawful Dismissal, Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Savoy Development Limited
Applicant
Sharifa Salum
Respondent
Procedural Posture
Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether a stay of execution pending appeal should be granted
- 2 Whether the applicant would suffer irreparable loss if stay is not granted
- 3 Whether there are material questions of law justifying a stay
Ratio Decidendi
The application for stay of execution was dismissed because there were no material questions of law, the claim was for money which is recoverable, the applicant would not suffer irreparable loss, and there were no special circumstances warranting a stay.
Court Disposition
Application for stay of execution pending appeal dismissed with costs.
Orders
- Application for stay of execution pending appeal dismissed with costs.
Full Case Text
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