Ex-parte Meron Amare (XP 10 of 2023) [2024] SCSC 132 (19 June 2024)

Ex-parte Meron Amare (XP 10 of 2023) [2024] SCSC 132 (19 June 2024)

All six conditions for recognition of a foreign judgment under Seychelles law are satisfied: the Ethiopian judgment is final and executable in Ethiopia, the Ethiopian court had jurisdiction, the correct law was applied, the rights of defence were respected, the judgment is not contrary to public policy, and there is no evidence of fraud. Therefore, the Ethiopian divorce judgment is declared executory in Seychelles.

Citation
[2024] SCSC 132
Parties
Applicant: Meron Amare; Ex Husband/respondent: Ato Tewodros Ashenafi Tesemma
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 June 2024
Case Number
XP 10 of 2023
Procedural Posture
Application for Registration of Foreign Judgment / Final Judgment/order
Outcome
Application allowed; Ethiopian judgment declared executory in Seychelles.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Divorce, Matrimonial Property Settlement, Service of Process, Public Policy, Fraud, Jurisdiction
Source Language
English
Private International Law Family Law Civil Procedure Recognition and Enforcement of Foreign Judgments Divorce Matrimonial Property Settlement Service of Process Public Policy +2 more

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Parties

Meron Amare

Applicant

Ato Tewodros Ashenafi Tesemma

Ex Husband/respondent

Procedural Posture

Application for Registration of Foreign Judgment / Final Judgment/order

Legal Issues

  1. 1 Whether the Ethiopian divorce judgment can be recognized and declared executory in Seychelles
  2. 2 Whether all conditions for recognition of a foreign judgment are fulfilled under Seychelles law

Ratio Decidendi

All six conditions for recognition of a foreign judgment under Seychelles law are satisfied: the Ethiopian judgment is final and executable in Ethiopia, the Ethiopian court had jurisdiction, the correct law was applied, the rights of defence were respected, the judgment is not contrary to public policy, and there is no evidence of fraud. Therefore, the Ethiopian divorce judgment is declared executory in Seychelles.

Court Disposition

Application allowed; Ethiopian judgment declared executory in Seychelles.

Orders

  • The judgment of the Federal First Instance Court of Ethiopia (case no. 306362, 22 November 2022) dissolving the marriage and approving the property settlement is declared executory in Seychelles.
  • A copy of this judgment is to be served on Ato Tewodros Ashenafi Tesemma in Ethiopia.