Ramkalawan v Electoral Commission & Ors (MA 163 of 2016 (Arising from CP 01 of 2016)) [2016] SCCC 12 (13 June 2016)

Ramkalawan v Electoral Commission & Ors (MA 163 of 2016 (Arising from CP 01 of 2016)) [2016] SCCC 12 (13 June 2016)

 

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


 

  1. 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.

  2. 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.

  3. A copy of this appeal is not attached to the application.

  4. The Court has verified that no such appeal has been filed as alleged by the Petitioner.

  5. 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.

  6. Furthermore there are no supporting grounds for the application.

  7. 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

 

 

 

 

 

 

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