Poiret and Anor vs The Seychelles Pension Fund and Anor (MA 61/2020) [2020] SCSC 582 (7 August 2020)

Flynote

Civil Procedure

Case summary

This was an application for a stay of execution. In dismissing the application, the court dealt with the requirements for granting a stay of execution namely: (1) whether the appellant would suffer loss which could not be compensated; (2) whether special circumstances of the case required the granting of the stay; (3) whether there was proof of substantial loss that would otherwise result; (4) whether there was a substantial question of law to be adjudicated upon the hearing of the appeal; and (5) whether if the stay was not granted and the appeal was successful, whether it would be rendered nugatory. The court finding that the matter by the applicants concerned primarily the payment of money allegedly due to them, but paid to the wrong third party concluded that the 1st Respondent was a solvent statutory authority and therefore could meet any judgment granted in their favour. The court also found no substantial questions of law or fact to be adjudicated by the Constitutional Court.The application for a stay of execution of the judgment was dismissed.

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