MVI Consulting Ltd v Financial Intelligence Unit & Ors (MA359/2016) [2017] SCSC 14 (17 January 2017)

The affidavit in support of the respondent's motion did not comply with Rule 6(1) of POCA as it was not based on facts within the deponent's personal knowledge, rendering the motion groundless.

Citation: [2017] SCSC 14
Parties: Applicant: Financial Intelligence Unit; Respondent: MVI Consulting Ltd
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 17 January 2017
Case Number: MA359/2016
Procedural Posture: Civil / Interlocutory Application to Discharge Freezing Order
Outcome: Application dismissed with costs
Legal Topics: Affidavit Requirements, Hearsay Evidence, Freezing Orders
Source Language: English

Proceeds of Crime Civil Procedure Affidavit Requirements Hearsay Evidence Freezing Orders

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Parties

Financial Intelligence Unit

Applicant

MVI Consulting Ltd

Respondent

Procedural Posture

Civil / Interlocutory Application to Discharge Freezing Order

Legal Issues

1 Whether the supporting affidavit for the motion to discharge the freezing order complies with Rule 6(1) of POCA
2 Whether the affidavit contains facts within the deponent's personal knowledge

Ratio Decidendi

The affidavit in support of the respondent's motion did not comply with Rule 6(1) of POCA as it was not based on facts within the deponent's personal knowledge, rendering the motion groundless.

Court Disposition

Application dismissed with costs

Orders

Respondent's application dismissed in its entirety with costs