Ifaco Feed Company S.A. v Societe De Distribution Nouvelle D'Afrique (Sodinaf) S.A.R.L. & Anor

Ifaco Feed Company S.A. v Societe De Distribution Nouvelle D'Afrique (Sodinaf) S.A.R.L. & Anor

The application to set aside or discharge the committal order is dismissed because Mr Siaka had sufficient notice of the committal application, there was no binding agreement precluding the proceedings, and the applicants have not purged their contempt by complying with the disclosure order.

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 / Ruling on Application to Set Aside/discharge Committal Order
Outcome
Application dismissed
Legal Topics
Committal for Contempt, Enforcement of Arbitral Awards, Service of Process, Asset Disclosure, Anti Suit Injunctions
Civil Procedure Commercial Law Arbitration Committal for Contempt Enforcement of Arbitral Awards Service of Process Asset Disclosure Anti Suit Injunctions

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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 / Ruling on Application to Set Aside/discharge Committal Order

Legal Issues

  1. 1 Whether the committal order against Mr Siaka should be set aside or discharged
  2. 2 Whether there was adequate notice and service of the committal application
  3. 3 Whether an agreement existed between the parties precluding continuation of proceedings

Ratio Decidendi

The application to set aside or discharge the committal order is dismissed because Mr Siaka had sufficient notice of the committal application, there was no binding agreement precluding the proceedings, and the applicants have not purged their contempt by complying with the disclosure order.

Court Disposition

Application dismissed