Cecile v Cecile & Ors (MA 211 of 2024 (Arising in CS 62 of 2018)) [2024] SCSC 205 (16 December 2024)

SUPREME COURT OF SEYCHELLES Reportablel Not Reportable 1 Redact [2024] MA 211/2024 Arising in CS 62/2018 Petitioner In the matter between: JESSELENT CECILE (rep. by F. Elizabeth) and VOL CILIA' CECILE 1st Respondent JOSIANE FLEURANGE JEAN BORN CECILE 2nd Respondent JESSLEEN CECILE (all unrepresented) 3rd Respondent Neutral Citation: Cecile v Cecile & o-, (MA21112024)[2024J (16 December 2024). Before: Summary: Carolus J Summons to show cause - section 251 - 254 of the Seychelles Code of Civil Procedure 23rd October & 15th November 2024. 16 December 2024 Heard: Delivered: ORDER (a) The 2nd respondent is ordered to pay the sum of SCR1,500 per month to the account of the Supreme Court Account Number 1401with the Central Bank, until satisfaction of her share of the judgment debt (being half of the judgment debt) taking into account that she has already paid a sum of SCR40,000 thereof. (b) The 3rd respondent is ordered to pay the sum ofSCR2,000 per month to the account of the Supreme Court Account Number 1401 with the Central Bank, until satisfaction of her share of the judgment debt (being half of the judgment debt) taking into account that she has already paid a sum of SCR2,000 thereof. (c) Failure to comply with sub-paragraphs (a) and (b) by the 2nd and 3rd respondents shall result in the judgment being enforced by imprisonment for a period not exceeding 1 month. JUDGMENT CAROLUSJ Background [1] On 26th July 2023, the judgment creditor (petitioner in this matter) obtained a judgment against the judgment debtors (respondents in this matter) from the Supreme Court, for the payment of SCR130,000 with interest at the legal rate from date of filing of the plaint, in the case of Cecile v Cecile & Ors (CS 62/2018) [2023] SCSC585 (26 July 2023). [2] On 29th August 2024, the petitioner/judgment creditor filed the present petition under section 251 of the Seychelles Civil Procedure Code (SCCP). In her affidavit in support of the petition, she avers that to date the respondents/judgment debtors have failed, refused and neglected to make any payment to satisfy the judgment debt and have thus failed to comply with the judgment. Further that as a result they are in contempt of this Court's order. Accordingly, she prays this Court for the following: (i) (ii) to summon the Respondents to show cause why they should not be committed to prison for failing to comply with the Judgment of the Supreme Court in CS62 of2018; and for any other order that secure the Respondent's this Honourable Court shall deem fit especially to compliance with the Judgment. [3] The 2nd and 3rd respondents were accordingly summoned and appeared before the Court. They informed the Court that the 15t respondent had since the delivery of the judgment, passed away. [4] The applicable law is found in sections Section 251 to 254 of the SCCP which are reproduced below: 251. A judgment creditor may at any time, whether any other form of execution has been issued or not, apply to the Court by petition, supported by affidavit of the facts, for the arrest and imprisonment of hisjudgment debtor and thejudge shall there upon order a summons to be issued by the Registrar, calling upon the judgment to appear in Court and show cause why he should not be committed to civil imprisonment in default or satisfaction or thejudgment or order. 252. The judgment debtor on the day on which he has been summoned to appear, shall be examined on oath as to his means and witnesses may be heard on his behalf and on behalf of thejudgment creditor. 253. If the judgment debtor does not appear at the time fixed by the summons or refuses to make such disclosures as may be required of him by the Court or if the Court is satisfied that thejudgment debtor: (a) has transferred, concealed or removed anypart ofhis property after the date of the commencement of the suit in which the judgment sought to be enforced was given or that after that date he has committed any act of badfaith in relation to isproperty with the object or effect of delaying thejudgment creditor in enforcing hisjudgment or order; or (b) has given an undue or unreasonable preference to any of his other creditors; or (c) has refused or neglected to satisfy the judgment or order or any part thereof when he has or since the date of thejudgment has had the means of satisfying it, the court may order such debtor to be imprisoned civilly unless or until the judgment is satisfied. 254. The imprisonment which may be ordered under the last preceding section may befor theperiods specified by section 10 of the imprisonment for Debt Act, Cap. Section IOta 15 of that Act shall apply to and be read with sections 251, 252 and 253 of this Code. [5] Sections 10 and 15 of the Imprisonment for Debt Act provides: 10. The imprisonment which the Supreme Court may decree under the provisions of this Act shall not exceed one month, when the award in execution of which imprisonment is decreed does not exceed Rs.500, shall not exceed three months if the award exceeds Rs.500 but does not exceeds Rs.l,OOO, and shall not exceed one year if the award exceeds Rs.l, 000. [...] 15. The imprisonment of a debtor under the provisions of this Act shall in no way interfere with or prejudicially affect the right ofhis creditors to obtain the payment of their claims by the seizure or sale of the property of such debtor or by all other legal means whatsoever. [6] A date was fixed for the hearing for the respondents/ judgment debtors to be examined on oath as to their means as required by section 252 of the SCCP, and for the Court to make a determination in accordance with section 253 of the same Act. [7] At the hearing, the 2nd respondent Josiane Fleurange Jean born Cecile brought evidence that she was earning SCR8,000 per month working as a sales assistant (Exhibit 012). She testified that she had already paid SCR40,000.00 of her share of the judgment debt as shown by the payment voucher dated 2nd October 2024 on file. She explained that her daughter had borrowed a loan for that purpose from the Amusement Centre where she works, and which the 2nd respondent was repaying in monthly instalments of SCR4000 (Exhibit 04 & 013); [8] She also testified that 111 addition to the monthly loan repayment of SCR4000 abovementioned she had the following monthly expenses as shown by exhibits produced: Electricity Bills approx. SCR2000 and Water Bills approx. SCR400 (Exhibit D1); Loan repayment to OBS in the sum of SCR2,800 (Exhibit 02) with a balance of approx. SCR100,000 remaining; Life Assurance SCR278 (Exhibit D3); and Groceries and other living expenses. She stated that she lives with t wo of her daughters who make certain contributions to the groceries and household expenses. [9] She stated that her whole salary goes towards her expenses and that she has nothing left but that she would still try to pay back the petitioner the balance of what she owes her with the help of her daughters. [10] The 3rd respondent Jessleen Cecile testified that she lives alone and has no one to help her with her expenses. She is 64 and is no longer able to work because of her health condition. She brought evidence of her earnings as follows: Pension SCR9,000 (Exhibit D5); Invalidity Benefits SCR5,750 (Exhibit D9); and SCRI ,000 Public Service Special Pension (Exhibit D8). This brings her monthly earnings to SCRlS,7S0. [11] As for her monthly expenses she stated that she is repaying a small business loan from DBS in varying sums of SCRI 000 to SCR3000 depending on what she can pay (Exhibit DI4); repayment of SCRSOOOto Francis Francoise for articles taken from the shop she rented to him. Exhibit D6 shows that she has paid SCRS5,000 out of SCR 200,000 monthly from November 2023 to September 2024; Electricity Bills SCR762.40; Water Bills SCR127 (Exhibit D7); Life Assurance SCR263 (Exhibit DI0) Television and mobile phone bills; Groceries and other personal expenses. She also stated that she just received a bill for a court case in which she had been represented by Mr Bryan Julie in the sum of SCR7,628 (Exhibit D11). [12] She stated that she had paid SCR2,OOOtowards the judgment debt at the Praslin Court, and was prepared to continue paying SCRSOOfor the same. [13] The petitioner for her part stated that that she was not willing to accept SCR1,000 from the 2nd respondent and SCRSOOfrom the 3rd respondent as they had the means to pay more and spent their money on other things which she was unable to substantiate. Analysis [14] It would seem that the expenses of the 2nd respondent as stated by her exceeds her income. However, she has stated that she can get help from her daughters to repay the judgment debt. She has stated that she can repay the sum of SCR1 000 per month. Having considered all the relevant circumstance, I find that she can repay the sum of SCR1,SOO per month until her share of the judgment debt is repaid in full. It is noted that she is repaying a loan which was borrowed so that she could repay the lump sum of SCR40,000 for the judgment debt. [15] As for the 3rd respondent, she had initially stated that she could repay the sum ofSCR2,OOO monthly which was then reduced to SCRSOO. I find that she can pay the monthly sum of SCR2,000 as originally proposed. Order [16] Accordingly - (d) The 2nd respondent is ordered to pay the sum ofSCRI,SOO per month to the account of the Supreme Court Account Number 1401 with the Central Bank, until satisfaction of her share of the judgment debt (being half of the judgment debt) taking into account that she has already paid a sum of SCR40,000 thereof. (e) The 3rd respondent is ordered to pay the sum of SCR2,000 per month to the account of the Supreme Court Account Number 1401 with the Central Bank, until satisfaction of her share of the judgment debt (being half of the judgment debt) taking into account that she has already paid a sum of SCR2,OOOthereof. (f) Failure to comply with sub-paragraphs (a) and (b) by the 2nd and 3rd respondents shall result in the judgment being enforced by imprisonment for a period not exceeding 1 month. Signed, dated and delivered at Ile du Port on this 16th December 2024. Carolus J 6