Latitutes Consulting S.A v JFA Holdings Ltd and Another (23 of 2011) [2011] SCSC 26 (20 March 2011)

Latitutes Consulting S.A v JFA Holdings Ltd and Another (23 of 2011) [2011] SCSC 26 (20 March 2011)

The applicant failed to disclose, by affidavit, knowledge or information identifying any specific third party in possession of the respondents' funds; the application amounted to a fishing expedition and did not meet the statutory requirements for provisional attachment.

Citation
[2011] SCSC 26
Parties
Applicant: Latitutes Consulting S. A; Respondent: JFA Holdings Ltd; Respondent: Joseph Albert
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 March 2011
Case Number
23 of 2011
Procedural Posture
Miscellaneous Application (provisional Attachment) / Ruling on Ex Parte Application for Provisional Attachment
Outcome
Application dismissed
Legal Topics
Provisional Attachment, Affidavit Requirements, Third Party Funds
Source Language
English
Civil Procedure Provisional Attachment Affidavit Requirements Third Party Funds

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Parties

Latitutes Consulting S. A

Applicant

JFA Holdings Ltd

Respondent

Joseph Albert

Respondent

Procedural Posture

Miscellaneous Application (provisional Attachment) / Ruling on Ex Parte Application for Provisional Attachment

Legal Issues

  1. 1 Whether the applicant has satisfied the requirements for a provisional attachment under Section 280 of the Seychelles Code of Civil Procedure
  2. 2 Whether the affidavit sufficiently identifies third parties holding respondents' funds

Ratio Decidendi

The applicant failed to disclose, by affidavit, knowledge or information identifying any specific third party in possession of the respondents' funds; the application amounted to a fishing expedition and did not meet the statutory requirements for provisional attachment.

Court Disposition

Application dismissed

Orders

  • Application for provisional attachment is dismissed.