Dhanjee v Dhanjee (CS 65/2000) [2000] SCSC 9 (3 July 2000)

Dhanjee v Dhanjee (CS 65/2000) [2000] SCSC 9 (3 July 2000)

Section 227 of the Seychelles Code of Civil Procedure applies to foreign child custody judgments, and all conditions for exequatur are satisfied. The UK judgment is capable of execution, the UK court had jurisdiction, the correct law was applied, the respondent's rights were respected, there is no public policy violation or fraud, and the broader definition of 'judgment' under the Foreign Judgments (Reciprocal Enforcement) Act allows enforcement. The UK custody judgment is declared executory in Seychelles.

Citation
[2000] SCSC 9
Parties
Applicant: Dhanjee; Respondent: Dhanjee; Intervener: Attorney-General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 July 2000
Case Number
CS 65/2000
Procedural Posture
Application to Enforce Foreign Judgment / Judgment
Outcome
application allowed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Child Custody, Exequatur, Jurisdiction, Public Policy
Source Language
English
Private International Law Family Law Civil Procedure Recognition and Enforcement of Foreign Judgments Child Custody Exequatur Jurisdiction Public Policy

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Parties

Dhanjee

Applicant

Dhanjee

Respondent

Attorney-General

Intervener

Procedural Posture

Application to Enforce Foreign Judgment / Judgment

Legal Issues

  1. 1 Whether a UK child custody judgment can be declared executory in Seychelles under section 227 of the Seychelles Code of Civil Procedure
  2. 2 Whether the conditions for exequatur are satisfied for a foreign custody judgment
  3. 3 Whether the Reciprocal Enforcement of British Judgments Act limits enforcement of non-monetary judgments

Ratio Decidendi

Section 227 of the Seychelles Code of Civil Procedure applies to foreign child custody judgments, and all conditions for exequatur are satisfied. The UK judgment is capable of execution, the UK court had jurisdiction, the correct law was applied, the respondent's rights were respected, there is no public policy violation or fraud, and the broader definition of 'judgment' under the Foreign Judgments (Reciprocal Enforcement) Act allows enforcement. The UK custody judgment is declared executory in Seychelles.

Court Disposition

application allowed

Orders

  • The UK High Court judgment is declared executory in Seychelles.
  • Judgment entered in favour of the applicant with costs.