ex p Zaccari (CS 16/2008) [2008] SCSC 118 (2 October 2008)

ex p Zaccari (CS 16/2008) [2008] SCSC 118 (2 October 2008)

The plaintiff demonstrated a bona fide claim and a real risk that the defendant would frustrate satisfaction of judgment by disposing of assets; thus, provisional attachment is warranted to preserve the subject matter of the suit.

Citation
[2008] SCSC 118
Parties
Plaintiff/applicant: Zaccari; Defendant: Andre
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 October 2008
Case Number
CS 16/2008
Procedural Posture
Civil / Ex Parte Provisional Attachment Application
Outcome
Order for provisional attachment granted
Legal Topics
Provisional Attachment, Breach of Contract, Asset Preservation
Source Language
English
Civil Procedure Contract Law Provisional Attachment Breach of Contract Asset Preservation

Case Brief

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Parties

Zaccari

Plaintiff/applicant

Andre

Defendant

Procedural Posture

Civil / Ex Parte Provisional Attachment Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to a provisional attachment of the defendant's monies in the hands of third parties pending determination of the suit

Ratio Decidendi

The plaintiff demonstrated a bona fide claim and a real risk that the defendant would frustrate satisfaction of judgment by disposing of assets; thus, provisional attachment is warranted to preserve the subject matter of the suit.

Court Disposition

Order for provisional attachment granted

Orders

  • Provisional attachment of monies not exceeding R 2,100,000 belonging to the defendant in the hands of Bank of Baroda and Mauritius Commercial Bank, Victoria, Mahe, Seychelles, pending final determination of the suit or further order of the Court.
  • Registrar to issue warrants for provisional attachment.