Ghezzi and another vs Danton and another (CS 256.2007) [2014] SCSC 155 (9 May 2014)

Ghezzi and another vs Danton and another (CS 256.2007) [2014] SCSC 155 (9 May 2014)

The original agreement and addendum for the purchase of shares by non-Seychellois without prior government sanction are illegal, void ab initio, and unenforceable. The court cannot order transfer of shares or property in contravention of statutory restrictions.

Citation
[2014] SCSC 155
Parties
Plaintiff: Paolo Ghezzi; Plaintiff: Nadine Andre; Defendant: Giuseppe Imbergamo also known as Albert Danton; Defendant: Cala Maria Di Nunzio also known as Carla Danton
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 May 2014
Case Number
CS 256.2007
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed with ancillary orders
Legal Topics
Specific Performance, Immovable Property Transfer Restrictions, Nominee Arrangements, Illegality of Contract
Source Language
English
Contract Law Property Law Specific Performance Immovable Property Transfer Restrictions Nominee Arrangements Illegality of Contract

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Parties

Paolo Ghezzi

Plaintiff

Nadine Andre

Plaintiff

Giuseppe Imbergamo also known as Albert Danton

Defendant

Cala Maria Di Nunzio also known as Carla Danton

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the original agreement for purchase of shares by non-Seychellois is lawful and valid
  2. 2 Legal effect of the addendum to the original agreement
  3. 3 Entitlement to specific performance under the agreements

Ratio Decidendi

The original agreement and addendum for the purchase of shares by non-Seychellois without prior government sanction are illegal, void ab initio, and unenforceable. The court cannot order transfer of shares or property in contravention of statutory restrictions.

Court Disposition

Suit dismissed with ancillary orders

Orders

  • Suit dismissed
  • Defendants to refund jointly and severally the deposit sum of Euros 17,000 to the 1st plaintiff