Vijay Construction (Pty) Ltd v Eastern European Engineering Ltd (CS 150/2018) [2020] SCSC 586 (14 August 2020)

Vijay Construction (Pty) Ltd v Eastern European Engineering Ltd (CS 150/2018) [2020] SCSC 586 (14 August 2020)

The Supreme Court had no jurisdiction to entertain the applications for leave to appeal or to vary the condition of stay because the stay of execution had lapsed on 7 August 2020 due to non-compliance with the condition to provide a bank guarantee, and the applications were filed after the lapse.

Citation
[2020] SCSC 586
Parties
Applicant: Vijay Construction (Proprietary) Limited; Respondent: Eastern European Engineering Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 August 2020
Case Number
CS 150/2018
Procedural Posture
Application / Ruling on Applications for Leave to Appeal and Variation of Condition of Stay of Execution
Outcome
Applications dismissed for want of jurisdiction.
Legal Topics
Stay of Execution, Leave to Appeal, Jurisdiction, Interlocutory Orders
Source Language
English
Civil Procedure Enforcement of Judgments Arbitration Stay of Execution Leave to Appeal Jurisdiction Interlocutory Orders

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Parties

Vijay Construction (Proprietary) Limited

Applicant

Eastern European Engineering Limited

Respondent

Procedural Posture

Application / Ruling on Applications for Leave to Appeal and Variation of Condition of Stay of Execution

Legal Issues

  1. 1 Whether the Supreme Court had jurisdiction to entertain applications for leave to appeal and variation of a lapsed stay of execution order
  2. 2 Whether the applications were filed within the period when the stay of execution was still in force

Ratio Decidendi

The Supreme Court had no jurisdiction to entertain the applications for leave to appeal or to vary the condition of stay because the stay of execution had lapsed on 7 August 2020 due to non-compliance with the condition to provide a bank guarantee, and the applications were filed after the lapse.

Court Disposition

Applications dismissed for want of jurisdiction.

Orders

  • Applications MA 131/2020 and MA 132/2020 are dismissed.