3 Apr 1997
FERRYHILL INTERNATIONAL LTD v. MAHMOUD AZIZ
- Citation
- FERRYHILL INTERNATIONAL LTD v. MAHMOUD AZIZ
- Court
- Court of Appeal
- Case number
- CACV197/1996
The appeal is allowed and the imprisonment order is set aside because the Master's principal basis for imprisonment — that the debtor was able to satisfy the judgment wholly — was unsupported by the evidence; although the finding of wilful failure to make full disclosure was upheld, the Court of Appeal declined to exercise the discretion to imprison itself because it was not as well placed as the Master and the materials before it did not justify imposing sentence.