in the matter of BMIC Limited (XP 97.2014) [2014] SCSC 302 (6 August 2014)

in the matter of BMIC Limited (XP 97.2014) [2014] SCSC 302 (6 August 2014)

The petitioner is entitled to registration of the foreign judgment as all statutory requirements under the Foreign Judgments (Reciprocal Enforcement) Act have been satisfied, including jurisdiction, service, absence of fraud, no pending appeal, and no public policy bar.

Citation
[2014] SCSC 302
Parties
Petitioner: BMIC Limited; Judgment Debtor: Chinnakannan Sivasankaran; Judgment Debtor: Siva Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 August 2014
Case Number
XP 97.2014
Procedural Posture
Application for Registration of Foreign Judgment / Order on Application
Outcome
application granted
Legal Topics
Registration of Foreign Judgments, Reciprocal Enforcement, Jurisdiction, Public Policy
Source Language
English
Civil Procedure Private International Law Registration of Foreign Judgments Reciprocal Enforcement Jurisdiction Public Policy

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Parties

BMIC Limited

Petitioner

Chinnakannan Sivasankaran

Judgment Debtor

Siva Limited

Judgment Debtor

Procedural Posture

Application for Registration of Foreign Judgment / Order on Application

Legal Issues

  1. 1 Whether the foreign judgment from the High Court of England is registrable in Seychelles under the Foreign Judgments (Reciprocal Enforcement) Act
  2. 2 Whether all statutory requirements for registration have been satisfied

Ratio Decidendi

The petitioner is entitled to registration of the foreign judgment as all statutory requirements under the Foreign Judgments (Reciprocal Enforcement) Act have been satisfied, including jurisdiction, service, absence of fraud, no pending appeal, and no public policy bar.

Court Disposition

application granted

Orders

  • Registration of the foreign judgment of the High Court of Justice of the Queen’s Bench Division, Commercial Court, United Kingdom, dated 12th June 2014, is ordered in the Supreme Court of Seychelles.
  • Registrar to serve notice of registration to the judgment-debtors or their agents/attorneys in Seychelles.