Ex-parte interim interlocutory injuction; American Cyanamid principles; Service outside jurisdiction; Urgency; International arbitration
Provisional seizure; bona fide application;
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.
Property law : Rent Board : Jurisdiction of the Rent Board on issue of droit de superficie : whether application to the Rent Board is res judicata : Plea in limine litis on the requirement of leave to appeal : Rent Board has no jurisdiction to determine land rights or ownership hence has no jurisdiction to determine whether the Appellant has a droit de superficie. The principle of res judicata does not arise : Rent Board did not err in placing emphasis on the letter of the Tenants Right Registrar.
Civil Procedure : Succession : quotite disponible : preliminary issues raised : commencement of proceedings against incorrect defendants : failure of plaint to disclose cause of action : value of estate not proved thus quotite disponible not determinable : certain relief not competent to be claimed from defendants : plea in litis accepted on conditions.
Arbitration law : Civil Procedure : recognition of foreign award and judgment and orders made in term thereof : section 3(1) of the Reciprocal Enforcement of British Judgments Act.
SUPREME COURT OF SEYCHELLES