Ramkalawan v Electoral Commission & Ors (Applic. for stay of execution) (MA 163/16 Arising from CP01/2016) [2016] SCCC 12 (14 June 2016);



MA 163/16

Arising from CP01/2016


[2016] SCCC 12



Wavel John Charles Ramkalawan       Applicant






 The Electoral Commission   -    First Respondent            

James Alix Michel          -          Second Respondent

Attorney General             -        Third Respondent







Heard:             14th June 2016                  

Counsel:          Anthony Derjacques for petitioner

                        Samantha Aglaé for first respondent

                        Basil Hoareau for second respondent

                         Attorney General for third respondent




Delivered:       14th June 2016      




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





M. TWOMEY                                                                                     D. AKIIKI-KIIZA                                        

Chief Justice                                                                                     Judge