Allied Builders (Seychelles) Ltd v Resort Development Ltd (295 of 2006) [2007] SCSC 51 (17 January 2007)


IN THE SUPREME COURT OF SEYCHELLES


ALLIED BUILDERS (SEYCHELLES) LIMITED Applicant

(Herein represented by its Managing Director Mr. Pravid Darad)


VS.


RESORT DEVELOPMENT LIMITED Respondent

(Herein represented by its Managing Director Mr. Serge Gladkiy)


Civil Side No. 295 of 2006



Mr. C. Lucas for the Plaintiff


ORDER

INTERIM INJUCTION


Gaswaga, J


Being satisfied, from the evidence on record, of the urgency of the present application and the imminent continuation of construction works on the defendant’s site by a third party, and further fears of the applicants substantial loose construction materials on site and the unquantified incomplete works being consumed and integrated in the said third party’s execution of works, I grant the application and order that:-


  1. An interim injunction issues against the respondent pending the determination of C.S No. 295/2006 (between the parties herein) ordering the respondents, their agents or servants or otherwise to forthwith cease and refrain from carrying out further construction works on the said site.


The said interim injunction is issued at the peril and risk of the applicant and is to remain in force until further ordered by this Court. Notice is to be given to all parties and the matter is made returnable on Tuesday, 30th January, 2007 at 9am.





D. GASWAGA

JUDGE

Dated this 18th day of January, 2007.

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