Sunshine Properties (Pty) Ltd v Dina ((MA 182/2023 (arising in CS 122/2022)) [2023] SCSC 792 (14 November 2023)

Sunshine Properties (Pty) Ltd v Dina ((MA 182/2023 (arising in CS 122/2022)) [2023] SCSC 792 (14 November 2023)

The Applicant failed to demonstrate sufficient good reason for the court to exercise its discretion to order security for costs and damages, as required by section 219 of the Seychelles Code of Civil Procedure, considering the circumstances and relevant legal principles.

Source-derived case information.

Citation
[2023] SCSC 792
Parties
Applicant: Sunshine Properties (Pty) Ltd; Respondent: Amadou Dina
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 November 2023
Case Number
(MA 182/2023 (arising in CS 122/2022)
Procedural Posture
Civil / Ruling on Application for Security for Costs and Damages
Outcome
Application denied
Legal Topics
Security for Costs, Lease Agreements, Non Resident Parties, Damages
Source Language
english
Civil Procedure Contract Law Security for Costs Lease Agreements Non Resident Parties Damages

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Parties

Sunshine Properties (Pty) Ltd

Applicant

Amadou Dina

Respondent

Procedural Posture

Civil / Ruling on Application for Security for Costs and Damages

Legal Issues

  1. 1 Whether the Respondent, as a non-resident with no assets in Seychelles, should be ordered to provide security for costs and damages under section 219 of the Seychelles Code of Civil Procedure

Ratio Decidendi

The Applicant failed to demonstrate sufficient good reason for the court to exercise its discretion to order security for costs and damages, as required by section 219 of the Seychelles Code of Civil Procedure, considering the circumstances and relevant legal principles.

Court Disposition

Application denied

Orders

  • The application for security for costs and damages is denied.