IFACO Feed Company SA v Societe De Distribution Nouvelle D'afrique (SODINAF) SARL & Anor [2019] EWHC 3715 (Comm) (05 September 2019)

IFACO Feed Company SA v Societe De Distribution Nouvelle D'afrique (SODINAF) SARL & Anor [2019] EWHC 3715 (Comm) (05 September 2019)

Both SODINAF and Mr. Siaka are in contempt of court for failing to comply with the asset disclosure order; Mr. Siaka, as director and controller, wilfully procured the breach and is sentenced to two years' imprisonment, with provision to apply to vary or discharge upon compliance.

Citation
[2019] EWHC 3715 (Comm)
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 and Committal Application / Judgment on Contempt and Sentencing
Outcome
Application granted; SODINAF and Mr. Siaka found in contempt; Mr. Siaka committed to prison for two years.
Legal Topics
Contempt of Court, Asset Disclosure, Enforcement of Arbitral Awards, Committal Proceedings
Commercial Law Arbitration Civil Procedure Contempt of Court Asset Disclosure Enforcement of Arbitral Awards Committal Proceedings

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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 and Committal Application / Judgment on Contempt and Sentencing

Legal Issues

  1. 1 Whether SODINAF is in contempt for failing to comply with asset disclosure order
  2. 2 Whether Mr. Siaka is in contempt for his role in SODINAF's non-compliance
  3. 3 Appropriateness of dispensing with personal service

Ratio Decidendi

Both SODINAF and Mr. Siaka are in contempt of court for failing to comply with the asset disclosure order; Mr. Siaka, as director and controller, wilfully procured the breach and is sentenced to two years' imprisonment, with provision to apply to vary or discharge upon compliance.

Court Disposition

Application granted; SODINAF and Mr. Siaka found in contempt; Mr. Siaka committed to prison for two years.

Orders

  • Declaration that SODINAF is in contempt of court for failing to comply with asset disclosure order.
  • Declaration that Mr. Siaka is in contempt of court for his role in SODINAF's non-compliance.