Reolon v Yocette and Another (55 of 2007) [2007] SCSC 76 (29 March 2007)

Reolon v Yocette and Another (55 of 2007) [2007] SCSC 76 (29 March 2007)

The applicant has established a bona fide claim by showing payment and non-performance under the contract, justifying provisional seizure of the respondents' vehicle pending final determination.

Citation
[2007] SCSC 76
Parties
Applicant: Therese Reolon; Respondent: Gioven Yocette; Respondent: Winsley Morel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 March 2007
Case Number
55 of 2007
Procedural Posture
Civil / Interlocutory Application for Provisional Order of Attachment
Outcome
Provisional order of attachment granted
Legal Topics
Provisional Attachment, Seizure of Property, Breach of Contract
Source Language
English
Civil Procedure Provisional Attachment Seizure of Property Breach of Contract

Case Brief

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Parties

Therese Reolon

Applicant

Gioven Yocette

Respondent

Winsley Morel

Respondent

Procedural Posture

Civil / Interlocutory Application for Provisional Order of Attachment

Legal Issues

  1. 1 Whether the applicant has established a bona fide claim justifying provisional seizure of the respondents' motor vehicle

Ratio Decidendi

The applicant has established a bona fide claim by showing payment and non-performance under the contract, justifying provisional seizure of the respondents' vehicle pending final determination.

Court Disposition

Provisional order of attachment granted

Orders

  • Motor vehicle Daihatsu Terios S990 belonging to the respondents is provisionally seized by a process server until final disposal of the case.
  • Respondents may use but not sell, mortgage, pledge, or dispose of the vehicle without court order.