Adonis & Ano v Port-Louis (MA 239/2017) [2018] SCSC 8295 (16 October 2018)

IN THE SUPREME COURT OF SEYCHELLES Civil Side: MA 239 of 2017 (Arising in es 06 of 2012) [2018] sese .ssv EMILIE ADONIS ANTOINE ADONIS VS DANIEL PORT -LOUIS Heard: 26th of September 2018 Counsel: Mr 1. Camille for the Applicants Mr F. Elizabeth for the Respondent Delivered: 17th October 2018 ORDER NUNKOOJ [1] The Applicant is the maternal uncle of the Respondent. The Respondent is a building contractor, who built a house for the Respondents at Mon Buxton in the year 2009. The Respondent was to complete the house for the Applicant and in return he was going to build a semidetached on the land belonging to the Applicant. A will by the then Applicant that is the present applicant and his late wife-was allegedly made to that effect. As it turned out the Respondent carried out his part of the agreement but the Applicant refused to honour his obligations. The Respondent was not allowed to occupation of the semi- detached house. He therefore brought an action claiming SCR 1,200,000.00 as damages. The Court gave judgment for the sum of SCR 906,800.00 and SCR 25000.00 in favour of the Respondent. [2] The Applicant has in the meantime appealed against the said judgment. Hence he has made this application for a stay order against the execution of the judgment. The main reason advanced is that the applicant-there were two in fact but the spouse of the present applicant passed away some time ago-is a pensioner and do not have the means to pay. The Applicant further states that he avers on the grounds of appeal. [3] The grant of an application for stay of the execution of a judgment is a matter of discretion for the Court. The Court has to take a number of factors into consideration before coming to a conclusion. It has been held in number of decided case that a successful party cannot be deprived of the fruit of his judgment; on the other hand if there is the likelihood that the defendant may be ruined without a stay the application may be granted. In deciding whether to grant a stay or not, in cases pending an appeal, the Court may, if it considers the grounds to be frivolous, refuse to do so. The Court may also make an order for stay upon certain conditions. There is a line of authorities to support the above principles. After having carefully considered the submissions made by Learned Counsel from both sides in this matter I grant the application and order a stay of the execution ofthe judgment delivered on 31 July 2017. Signed, dated and delivered at Ile du Port on 17thof October 2018 S. NUNKOO Judge of the Supreme Court 2