Shield Security v Dubignon (MC 90 of 2023) [2024] SCSC 16 (21 March 2024)

Shield Security v Dubignon (MC 90 of 2023) [2024] SCSC 16 (21 March 2024)

The application for leave to appeal out of time is dismissed because the supporting affidavit is defective, lacking compliance with procedural requirements and failing to exhibit the judgment sought to be appealed; consequently, no admissible evidence was laid before the court. The application for stay of execution is also dismissed as there is no notice of appeal filed, rendering the application premature and incompetent.

Citation
[2024] SCSC 16
Parties
Applicant: Shield Security; Respondent: Royna Dubignon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 March 2024
Case Number
MC 90 of 2023
Procedural Posture
Application for Leave to Appeal Out of Time and Stay of Execution / Ruling on Motion
Outcome
Application dismissed
Legal Topics
Leave to Appeal Out of Time, Stay of Execution, Affidavit Requirements, Appeal Procedure
Source Language
English
Civil Procedure Employment Law Leave to Appeal Out of Time Stay of Execution Affidavit Requirements Appeal Procedure

Case Brief

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Parties

Shield Security

Applicant

Royna Dubignon

Respondent

Procedural Posture

Application for Leave to Appeal Out of Time and Stay of Execution / Ruling on Motion

Legal Issues

  1. 1 Whether the applicant is entitled to leave to appeal out of time against the Employment Tribunal judgment
  2. 2 Whether the application for stay of execution is competent in the absence of a filed notice of appeal
  3. 3 Whether the supporting affidavit meets the legal requirements for admissibility

Ratio Decidendi

The application for leave to appeal out of time is dismissed because the supporting affidavit is defective, lacking compliance with procedural requirements and failing to exhibit the judgment sought to be appealed; consequently, no admissible evidence was laid before the court. The application for stay of execution is also dismissed as there is no notice of appeal filed, rendering the application premature and incompetent.

Court Disposition

Application dismissed

Orders

  • Application for leave to appeal out of time is dismissed.
  • Application for stay of execution is dismissed.