Lafortune v Majid (MA 225/2021) [2022] SCSC 1077 (14 February 2022)

The application was not supported by an affidavit of facts as required by Article 251 of the Seychelles Code of Civil Procedure; therefore, it is defective and must be dismissed.

Source-derived case information.

Citation: [2022] SCSC 1077
Parties: Judgment Creditor: Jean-Francois Lafortune; Judgment Debtor: Nisreen Abdul Majid
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 14 February 2022
Case Number: MA 225/2021
Procedural Posture: Civil Application / Ruling on Preliminary Objection
Outcome: Application dismissed
Legal Topics: Enforcement of Judgments, Affidavit Requirement, Summons to Show Cause
Source Language: english

Civil Procedure Enforcement of Judgments Affidavit Requirement Summons to Show Cause

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Parties

Jean-Francois Lafortune

Judgment Creditor

Nisreen Abdul Majid

Judgment Debtor

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether an application for summons to show cause under Article 251 of the Seychelles Code of Civil Procedure must be supported by an affidavit of facts

Ratio Decidendi

The application was not supported by an affidavit of facts as required by Article 251 of the Seychelles Code of Civil Procedure; therefore, it is defective and must be dismissed.

Court Disposition

Application dismissed

Orders

Application dismissed for failure to comply with affidavit requirement under Article 251 of the Seychelles Code of Civil Procedure.
Costs awarded to the respondent.

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