Villemont v Dubignon & Anor (MA 313/2018 (arising in CS 24/2017)) [2020] SCSC 478 (26 March 2020)

Villemont v Dubignon & Anor (MA 313/2018 (arising in CS 24/2017)) [2020] SCSC 478 (26 March 2020)

The application, though argued as a rectification of the consent judgment, was grounded on execution and cannot stand because the parties are not in agreement on the meaning of 'property' and 'movables' to be transferred; the proper course would have been to move for a new trial.

Citation
[2020] SCSC 478
Parties
Applicant: Fabien Villemont; First Respondent: Charles Dubignon; Second Respondent: Medge Dubignon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 March 2020
Case Number
MA 313/2018 (arising in CS 24/2017)
Procedural Posture
Application for Execution of Judgment / Order on Application for Execution and Rectification of Judgment
Outcome
Application dismissed
Legal Topics
Execution of Judgment, Rectification of Judgment by Consent, Interpretation of Consent Judgments
Source Language
English
Civil Procedure Execution of Judgment Rectification of Judgment by Consent Interpretation of Consent Judgments

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Parties

Fabien Villemont

Applicant

Charles Dubignon

First Respondent

Medge Dubignon

Second Respondent

Procedural Posture

Application for Execution of Judgment / Order on Application for Execution and Rectification of Judgment

Legal Issues

  1. 1 Whether the application for execution of judgment can be entertained when the parties are not ad idem on the terms of the consent judgment
  2. 2 Whether rectification of the consent judgment is permissible under the circumstances

Ratio Decidendi

The application, though argued as a rectification of the consent judgment, was grounded on execution and cannot stand because the parties are not in agreement on the meaning of 'property' and 'movables' to be transferred; the proper course would have been to move for a new trial.

Court Disposition

Application dismissed

Orders

  • Application for execution of judgment is dismissed