IFACO Feed Company SA v Societe De Distribution Nouvelle D'afrique (SODINAF) SARL & Anor

IFACO Feed Company SA v Societe De Distribution Nouvelle D'afrique (SODINAF) SARL & Anor

Both SODINAF and Mr. Siaka are in contempt of court for failing to comply with the asset disclosure order; personal service on Mr. Siaka is dispensed with due to full notice and attempts to serve; a two-year prison sentence is appropriate for Mr. Siaka given flagrant, continuing, and unexplained contempt.

Parties
Claimant/applicant: IFACO FEED COMPANY S. A.; First Respondent/defendant: SOCIETE DE DISTRIBUTION NOUVELLE D’AFRIQUE (SODINAF) S. A. R. L.; Second Respondent: Mr. Fabrice Siaka
Jurisdiction
England and Wales
Judgment Date
05 September 2019
Procedural Posture
Arbitration Enforcement/contempt Application / Judgment on Committal Application and Sentencing
Outcome
SODINAF and Mr. Siaka found in contempt of court; Mr. Siaka committed to prison for two years.
Legal Topics
Asset Disclosure, Enforcement of Arbitral Awards, Committal for Contempt, Personal Service, Sentencing for Contempt
Arbitration Civil Procedure Contempt of Court Asset Disclosure Enforcement of Arbitral Awards Committal for Contempt Personal Service Sentencing for Contempt

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Parties

IFACO FEED COMPANY S. A.

Claimant/applicant

SOCIETE DE DISTRIBUTION NOUVELLE D’AFRIQUE (SODINAF) S. A. R. L.

First Respondent/defendant

Mr. Fabrice Siaka

Second Respondent

Procedural Posture

Arbitration Enforcement/contempt Application / Judgment on Committal Application and Sentencing

Legal Issues

  1. 1 Whether SODINAF and Mr. Siaka are in contempt of court for failing to comply with asset disclosure order
  2. 2 Whether personal service on Mr. Siaka should be dispensed with
  3. 3 Whether the court should proceed in the absence of respondents

Ratio Decidendi

Both SODINAF and Mr. Siaka are in contempt of court for failing to comply with the asset disclosure order; personal service on Mr. Siaka is dispensed with due to full notice and attempts to serve; a two-year prison sentence is appropriate for Mr. Siaka given flagrant, continuing, and unexplained contempt.

Court Disposition

SODINAF and Mr. Siaka found in contempt of court; Mr. Siaka committed to prison for two years.

Orders

  • Declaration that SODINAF is in contempt of court.
  • Declaration that Mr. Siaka is in contempt of court.