Ifaco Feed Company S.A. v Societe De Distribution Nouvelle D'Afrique (Sodinaf) S.A.R.L. & Anor [2021] EWHC 556 (Comm) (05 February 2021)

Ifaco Feed Company S.A. v Societe De Distribution Nouvelle D'Afrique (Sodinaf) S.A.R.L. & Anor [2021] EWHC 556 (Comm) (05 February 2021)

There was no procedural or substantive basis to set aside or discharge the committal order: the applicant had notice of the proceedings, personal service was properly dispensed with, and no binding agreement existed to prevent the committal hearing. The contempt has not been purged as the required affidavit has not been provided.

Citation
[2021] EWHC 556 (Comm)
Parties
Claimant/respondent: IFACO FEED COMPANY S. A.; Defendant/applicant: SOCIETE DE DISTRIBUTION NOUVELLE D'AFRIQUE (SODINAF) S. A. R. L.; Defendant/applicant: Fabrice Siaka
Jurisdiction
England and Wales
Judgment Date
05 February 2021
Procedural Posture
Commercial Court Application to Set Aside/discharge Committal Order / Application to Set Aside/discharge Committal Order
Outcome
Application dismissed
Legal Topics
Committal for Contempt, Asset Disclosure, Service of Process, Enforcement of Arbitration Awards, Anti Suit Injunctions
Civil Procedure Commercial Law Arbitration Committal for Contempt Asset Disclosure Service of Process Enforcement of Arbitration Awards Anti Suit Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

IFACO FEED COMPANY S. A.

Claimant/respondent

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

Defendant/applicant

Fabrice Siaka

Defendant/applicant

Procedural Posture

Commercial Court Application to Set Aside/discharge Committal Order / Application to Set Aside/discharge Committal Order

Legal Issues

  1. 1 Whether the committal order should be set aside or discharged for lack of personal service or notice
  2. 2 Whether an alleged settlement agreement precluded continuation of committal proceedings
  3. 3 Whether the applicants' contempt had been purged

Ratio Decidendi

There was no procedural or substantive basis to set aside or discharge the committal order: the applicant had notice of the proceedings, personal service was properly dispensed with, and no binding agreement existed to prevent the committal hearing. The contempt has not been purged as the required affidavit has not been provided.

Court Disposition

Application dismissed

Orders

  • Application to set aside or discharge committal order is dismissed