Development Bank of Seychelles v Lesperance (CM 42/2017) [2018] SCSC 8156 (3 May 2018)

Development Bank of Seychelles v Lesperance (CM 42/2017) [2018] SCSC 8156 (3 May 2018)

Objections at this stage must be made in writing and supported by affidavit as per procedural requirements; verbal objections at the Bar are not acceptable at this late stage.

Citation
[2018] SCSC 8156
Parties
Plaintiff: Development Bank of Seychelles; Judgement Debtor and Respondent: Mr. Jona Wilfrid Lesperance
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 May 2018
Case Number
CM 42/2017
Procedural Posture
Commandment Case / Ruling on Objection to Reading of Memorandum of Charges
Outcome
Objection dismissed; case to proceed to reading and set for sale and adjudication.
Legal Topics
Execution of Judgments, Objections to Procedure
Source Language
English
Civil Procedure Debt Recovery Execution of Judgments Objections to Procedure

Case Brief

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Parties

Development Bank of Seychelles

Plaintiff

Mr. Jona Wilfrid Lesperance

Judgement Debtor and Respondent

Procedural Posture

Commandment Case / Ruling on Objection to Reading of Memorandum of Charges

Legal Issues

  1. 1 Whether the judgment debtor can raise procedural objections at the stage fixed for reading of the Memorandum of Charges without written objection or affidavit

Ratio Decidendi

Objections at this stage must be made in writing and supported by affidavit as per procedural requirements; verbal objections at the Bar are not acceptable at this late stage.

Court Disposition

Objection dismissed; case to proceed to reading and set for sale and adjudication.

Orders

  • Memorandum of Charges to be read.
  • Case set for sale and adjudication.