Pillay vs Labaleine (MA 222.2014) [2014] SCSC 409 (8 October 2014)

Pillay vs Labaleine (MA 222.2014) [2014] SCSC 409 (8 October 2014)

The court, upon consent, ordered the judgment debtor to pay the judgment debt by monthly instalments of SR1000.00, with a penalty of imprisonment for default.

Citation
[2014] SCSC 409
Parties
Petitioner: Radha Pillay; Respondent: Neville Labaleine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 October 2014
Case Number
MA 222.2014
Procedural Posture
Civil / Order on Motion
Outcome
application granted by consent
Legal Topics
Judgment Enforcement, Instalment Payments, Committal for Default
Source Language
English
Civil Procedure Debt Enforcement Judgment Enforcement Instalment Payments Committal for Default

Case Brief

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Parties

Radha Pillay

Petitioner

Neville Labaleine

Respondent

Procedural Posture

Civil / Order on Motion

Legal Issues

  1. 1 Whether the judgment debtor should be allowed to pay the judgment debt by instalments
  2. 2 Consequence of default in payment of instalments

Ratio Decidendi

The court, upon consent, ordered the judgment debtor to pay the judgment debt by monthly instalments of SR1000.00, with a penalty of imprisonment for default.

Court Disposition

application granted by consent

Orders

  • Judgment debtor to pay judgment debt by monthly instalments of SR1000.00 starting October 2014.
  • If debtor defaults in any monthly payment, he will be imprisoned for 3 months.