Ramkalawan v Electoral Commission & Ors (MA 163 of 2016 (Arising from CP 01 of 2016)) [2016] SCCC 12 (13 June 2016)
The application is dismissed because the applicant falsely claimed to have filed an appeal and provided no supporting grounds for a stay of execution.
Source-derived case information.
- Citation
- [2016] SCCC 12
- Parties
- Applicant: Wavel John Charles Ramkalawan; First Respondent: The Electoral Commission; Second Respondent: James Alix Michel; Third Respondent: Attorney General
- Court
- Constitutional Court
- Jurisdiction
- Seychelles
- Case Number
- MA 163 of 2016 (Arising from CP 01 of 2016)
- Procedural Posture
- Election Petition / Application for Stay of Execution
- Outcome
- Application dismissed with costs
- Legal Topics
- Stay of Execution, Affidavit Evidence, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wavel John Charles Ramkalawan
Applicant
The Electoral Commission
First Respondent
James Alix Michel
Second Respondent
Attorney General
Third Respondent
Procedural Posture
Election Petition / Application for Stay of Execution
Legal Issues
- 1 Whether the applicant has filed an appeal to support the application for stay of execution
- 2 Whether there are sufficient grounds for granting a stay of execution
Ratio Decidendi
The application is dismissed because the applicant falsely claimed to have filed an appeal and provided no supporting grounds for a stay of execution.
Court Disposition
Application dismissed with costs
Orders
- Application for stay of execution is dismissed
- Applicant to pay costs
Full Case Text
Judgment text and source record
1 paragraphs
contents of #navigation-content will be placed in [data-offcanvas-body] for tablet/mobile screensize and #navigation-column for desktop screensize. Skip to document content Summary Table of contents Search [] IN THE CONSTITUTIONAL COURT OF SEYCHELLES MA 163/16 Arising from CP01/2016 [2016] SCCC 12 Wavel John Charles Ramkalawan Applicant versus The Electoral Commission James Alix Michel Second Respondent Attorney General Third Respondent Heard: 14th June 2016 Counsel: Anthony Derjacques for Samantha Aglaé for first Basil Hoareau for second respondent Attorney General for third respondent Delivered: 14th June 2016 ORDER The Applicant, a party to an election petition in which a decision was delivered on 31st May 2016, has applied for a stay of execution of the judgment. He has supported his application with an affidavit in which he swears, inter alia, that he has filed an appeal against the said judgment on the 3rd June 2016. A copy of this appeal is not attached to the application. The Court has verified that no such appeal has been filed as alleged by the Petitioner. In the circumstances not only is the fact alleged, which is sworn to be true and correct by the Applicant, false and incorrect, it also cannot support such an application before this Court. Furthermore there are no supporting grounds for the application. The application is therefore dismissed with costs. Signed, dated and delivered at Ile du Port on 14th June 2016 M. TWOMEY D. AKIIKI-KIIZA Judge 3