Geigenberger v Hermitte & Ano. (CS 6/2015) [2015] SCSC 167 (12 June 2015)

Geigenberger v Hermitte & Ano. (CS 6/2015) [2015] SCSC 167 (12 June 2015)

The applicant demonstrated an arguable case on the merits and would suffer greater injustice and irreparable loss if the injunction was refused than the respondents would suffer if it was granted. The balance of convenience favours granting the injunction.

Citation
[2015] SCSC 167
Parties
Applicant: Thomas Geigenberger; First Respondent: Monique Hermitte; Second Respondent: Paul Hermitte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 June 2015
Case Number
CS 6/2015
Procedural Posture
Civil / Interlocutory Application for Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Lease Agreement, Possession of Premises
Source Language
English
Landlord and Tenant Civil Procedure Interlocutory Injunction Lease Agreement Possession of Premises

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Geigenberger

Applicant

Monique Hermitte

First Respondent

Paul Hermitte

Second Respondent

Procedural Posture

Civil / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction for repossession of leased premises pending determination of the main suit
  2. 2 Whether the respondents lawfully re-entered and took possession of the premises

Ratio Decidendi

The applicant demonstrated an arguable case on the merits and would suffer greater injustice and irreparable loss if the injunction was refused than the respondents would suffer if it was granted. The balance of convenience favours granting the injunction.

Court Disposition

Interlocutory injunction granted

Orders

  • Respondents to return the whole premises, including the office, into the full custody, possession, and control of the applicant or his agents with immediate effect
  • Respondents to return all personal items and information to the applicant with immediate effect