Savoy Development Limited v Salum (MA 81/2021) [2021] SCSC 944 (9 July 2021)

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

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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

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether the applicant would suffer irreparable loss if stay is not granted
  3. 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.