Ex parte Amare (XP 10 of 2023) [2023] SCSC 333 (27 April 2023)

Ex parte Amare (XP 10 of 2023) [2023] SCSC 333 (27 April 2023)

Service of the application for registration of the Ethiopian judgment must be effected on the ex-husband, as there is no justification for dispensing with service in this consensual matrimonial property settlement; procedural fairness requires the interested party be notified.

Citation
[2023] SCSC 333
Parties
Applicant: Meron Amare; Ex Husband/interested Party: Ato Teodros Ashenaji Tesemma
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 April 2023
Case Number
XP 10 of 2023
Procedural Posture
Application for Registration of Foreign Judgment / Ruling on Service of Application
Outcome
Application for ex parte registration without service denied; service ordered.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Service of Process, Matrimonial Property Settlement, Divorce
Source Language
English
Family Law Private International Law Civil Procedure Recognition and Enforcement of Foreign Judgments Service of Process Matrimonial Property Settlement Divorce

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Parties

Meron Amare

Applicant

Ato Teodros Ashenaji Tesemma

Ex Husband/interested Party

Procedural Posture

Application for Registration of Foreign Judgment / Ruling on Service of Application

Legal Issues

  1. 1 Whether service of the application for registration of a foreign judgment on the ex-husband is required
  2. 2 Whether the Ethiopian judgment can be recognized and enforced in Seychelles without service

Ratio Decidendi

Service of the application for registration of the Ethiopian judgment must be effected on the ex-husband, as there is no justification for dispensing with service in this consensual matrimonial property settlement; procedural fairness requires the interested party be notified.

Court Disposition

Application for ex parte registration without service denied; service ordered.

Orders

  • The Applicant shall cause a copy of the application in EXP 10/2023 to be served on Ato Teodros Ashenaji Tesemma in the Federal Democratic Republic of Ethiopia.