Ramkalawan v Electoral Commission & Ors (applic. For Stay of Execution) (CP 1 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: 14^th June 2016

Counsel: Anthony Derjacques for

Samantha Aglaé for first

Basil Hoareau for second respondent

Attorney General for third respondent

Delivered: 14^th June 2016

ORDER

1. The Applicant, a party to an election petition in which a decision was delivered on 31^st 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 3^rd 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 14^th June 2016

M. TWOMEY D. AKIIKI-KIIZA

Judge

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