Special Operations Security v Cadeau and Anor (SCA 3 of 2023; SCA MA 11 of 2023) [2023] SCCA 26 (4 July 2023)

Special Operations Security v Cadeau and Anor (SCA 3 of 2023; SCA MA 11 of 2023) [2023] SCCA 26 (4 July 2023)

The application for stay of execution was dismissed because, in accordance with Rule 16 of the Seychelles Court of Appeal Rules, 2005, as amended, the application should have been made to the Supreme Court in the first instance.

Citation
[2023] SCCA 26
Parties
Applicant: Special Operations Security; Respondent: William Cadeau; Respondent: Dominique Gerry
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
4 July 2023
Case Number
SCA 3 of 2023 ; SCA MA 11 of 2023
Procedural Posture
Application for Stay of Execution / Ruling by Single Justice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Appeal Procedure, Employment Termination, Jurisdiction, Procedural Requirements
Source Language
English
Employment Law Civil Procedure Stay of Execution Appeal Procedure Employment Termination Jurisdiction Procedural Requirements

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Special Operations Security

Applicant

William Cadeau

Respondent

Dominique Gerry

Respondent

Procedural Posture

Application for Stay of Execution / Ruling by Single Justice of Appeal

Legal Issues

  1. 1 Whether the application for stay of execution should have been made to the Supreme Court in the first instance under Rule 16 of the Seychelles Court of Appeal Rules, 2005, as amended
  2. 2 Whether the Applicant is entitled to a stay of execution pending appeal

Ratio Decidendi

The application for stay of execution was dismissed because, in accordance with Rule 16 of the Seychelles Court of Appeal Rules, 2005, as amended, the application should have been made to the Supreme Court in the first instance.

Court Disposition

Application dismissed with costs

Orders

  • The application for stay of execution is dismissed with costs.