Pillay v Seychelles Credit Union (MA 49/2018 (arising in CC 42/2015)) [2018] SCSC 8083 (20 February 2018)

A refusal of the stay of execution would render the appeal nugatory, while granting a short date for hearing the appeal will not prejudice the respondent.

Citation: [2018] SCSC 8083
Parties: Applicant: Supramanian Pillay; Respondent: Seychelles Credit Union
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 20 February 2018
Case Number: MA 49/2018 (arising in CC 42/2015)
Procedural Posture: Application for Stay of Execution / Interlocutory Order Pending Appeal
Outcome: Stay of execution granted
Legal Topics: Stay of Execution, Appeal, Judgment Debt, Imprisonment for Debt
Source Language: English

Civil Procedure Stay of Execution Appeal Judgment Debt Imprisonment for Debt

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 1 Party arguments 2

Parties

Supramanian Pillay

Applicant

Seychelles Credit Union

Respondent

Procedural Posture

Application for Stay of Execution / Interlocutory Order Pending Appeal

Legal Issues

1 Whether a stay of execution should be granted pending appeal against an order of imprisonment for failing to pay a judgment debt

Ratio Decidendi

A refusal of the stay of execution would render the appeal nugatory, while granting a short date for hearing the appeal will not prejudice the respondent.

Court Disposition

Stay of execution granted

Orders

Stay of execution granted
Record of appeal to be prepared and served on applicant as soon as possible