Likhachev and others vs Mission Limited (Civil Side: CC 08 of 2013) [2013] SCSC 99 (26 November 2013)

The suit is maintainable under section 227 of the Seychelles Code of Civil Procedure, and it is not necessary to join all original defendants if the court lacks jurisdiction over some.

Citation: [2013] SCSC 99
Parties: Applicant: Igor Likhachev; Applicant: Mission Limited; Respondent: Leyko Trading Inc
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 26 November 2013
Case Number: Civil Side: CC 08 of 2013
Procedural Posture: Civil / Ruling on Preliminary Objection
Outcome: Application dismissed
Legal Topics: Foreign Judgment Enforcement, Jurisdiction, Procedural Law
Source Language: English

Civil Procedure Foreign Judgment Enforcement Jurisdiction Procedural Law

Case Brief

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Parties

Igor Likhachev

Applicant

Mission Limited

Applicant

Leyko Trading Inc

Respondent

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

1 Whether the suit is maintainable under the Foreign Judgments (Reciprocal Enforcement) Act, Cap 85 or section 227 of the Seychelles Code of Civil Procedure
2 Whether the suit can be maintained against only three defendants instead of all five

Ratio Decidendi

The suit is maintainable under section 227 of the Seychelles Code of Civil Procedure, and it is not necessary to join all original defendants if the court lacks jurisdiction over some.

Court Disposition

Application dismissed

Orders

Respondent to bear the costs of the application