Normans Car Hire and Travel Services Company Ltd v Sinon (SCA 50 of 2011) [2014] SCCA 21 (14 August 2014)
The respondent is ordered to settle all outstanding arrears to the appellant within six months, failing which the Imprisonment for Debt Act procedures will be invoked.
Source-derived case information.
- Citation
- [2014] SCCA 21
- Parties
- Appellant: Normans Car Hire and Travel Services Company Limited; Respondent: Norbert Sinon
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 50 of 2011
- Procedural Posture
- Civil Appeal / Order on Notice of Motion to Amend Reliefs in Notice of Appeal
- Outcome
- appeal allowed; order granted as prayed
- Legal Topics
- Amendment of Pleadings, Imprisonment for Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Normans Car Hire and Travel Services Company Limited
Appellant
Norbert Sinon
Respondent
Procedural Posture
Civil Appeal / Order on Notice of Motion to Amend Reliefs in Notice of Appeal
Legal Issues
- 1 Whether the respondent should be ordered to settle outstanding arrears to the appellant
- 2 Whether failure to pay justifies invoking the Imprisonment for Debt Act
Ratio Decidendi
The respondent is ordered to settle all outstanding arrears to the appellant within six months, failing which the Imprisonment for Debt Act procedures will be invoked.
Court Disposition
appeal allowed; order granted as prayed
Orders
- Respondent to settle all outstanding arrears due to the appellant within six months from the date of the order.
- If respondent fails to comply, procedure under the Imprisonment for Debt Act (CAP 96) for arrest and imprisonment as a civil prisoner will be invoked.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL NORMANS CAR HIRE AND TRAVEL SERVICES COMPANY LIMITED APPELLANT VERSUS NORBERT SINON RESPONDENT SCA NO. 50 OF 2011 Counsel for the Appellant ─ Mr. Serge Rouillon Respondent ─ Unrepresented ORDER MSOFFE, J. A. Pursuant to the notice of motion filed on 22/10/2013 for amendment of the reliefs in the notice of appeal; and upon hearing Mr. Serge Rouillon learned advocate for the Appellant on 6/8/2014 in the absence of the Respondent who was absent though duly served; and having satisfied ourselves that there is merit in the appeal; we hereby order as follows:- (i) The Respondent is ordered to settle all outstanding arrears due to the Appellant within a period of six months from the date of this Order; and (ii) In the event of failure to comply with (i) above, the procedure under the Imprisonment for Debt Act (CAP 96 of the Laws of Seychelles) for the arrest and imprisonment of the Respondent as a civil prisoner will be invoked. F. MacGregor A. F. T. Fernando J. H. Msoffe President Justice of Appeal Justice of Appeal Dated this 14th day of August 2014, at Palais de Justice, Ile Du Port, Mahé, Seychelles 3