Garys Banks v Giroux and others (353(A) of 2005) [2007] SCSC 42 (24 November 2007)

Garys Banks v Giroux and others (353(A) of 2005) [2007] SCSC 42 (24 November 2007)

The court found, based on oral and documentary evidence, that the defendants gained control of the company through irregular procedures and that the resignation, appointments, and share transfers were not genuine and therefore null and void.

Citation
[2007] SCSC 42
Parties
Plaintiff: Gary Banks (Rep by Glenn McCarthy); Defendant: Richard George Dickran; Defendant: Murray Douglas Giroux; Defendant: International Financial Development Corporation
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 November 2007
Case Number
353(A) of 2005
Procedural Posture
Civil / Judgment After Ex Parte Hearing
Outcome
Plaintiff's claim allowed; documents declared null and void.
Legal Topics
Forgery of Company Documents, Share Ownership, Director Appointment, Ex Parte Proceedings
Source Language
English
Company Law Civil Procedure Forgery of Company Documents Share Ownership Director Appointment Ex Parte Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Gary Banks (Rep by Glenn McCarthy)

Plaintiff

Richard George Dickran

Defendant

Murray Douglas Giroux

Defendant

International Financial Development Corporation

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether the documents purporting to transfer ownership and directorship of Enormous Glory Co. Ltd were forgeries
  2. 2 Whether the plaintiff remains the sole owner and director of the company

Ratio Decidendi

The court found, based on oral and documentary evidence, that the defendants gained control of the company through irregular procedures and that the resignation, appointments, and share transfers were not genuine and therefore null and void.

Court Disposition

Plaintiff's claim allowed; documents declared null and void.

Orders

  • Documents of Enormous Glory Co. Ltd to be amended to record sole ownership and directorship by Gary Banks from the date of incorporation.
  • No order as to costs.