Rocchi v Longobardi & Anor (MA 65/2021) [2021] SCSC 1077 (9 December 2021)

Rocchi v Longobardi & Anor (MA 65/2021) [2021] SCSC 1077 (9 December 2021)

The court found that the parties are the original parties to the judgment, the application is within six years, and the judgment does not fall under the exceptions of Section 233(2)(a)(i) to (iv), thus a writ of execution is properly issuable.

Citation
[2021] SCSC 1077
Parties
Petitioner: Roberto Rocchi; 1st Respondent: Massimo Longobardi; 2nd Respondent: Felicita Pirozzolo
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 December 2021
Case Number
MA 65/2021
Procedural Posture
Civil / Application for Leave to Issue Warrant of Execution
Outcome
writ of execution issued
Legal Topics
Warrant of Execution, Judgment Creditor Rights
Source Language
English
Civil Procedure Judgment Enforcement Warrant of Execution Judgment Creditor Rights

Case Brief

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Parties

Roberto Rocchi

Petitioner

Massimo Longobardi

1st Respondent

Felicita Pirozzolo

2nd Respondent

Procedural Posture

Civil / Application for Leave to Issue Warrant of Execution

Legal Issues

  1. 1 Whether the petitioner is entitled to a writ of execution under Section 233(2)(a)(iii) of the Seychelles Code of Civil Procedure
  2. 2 Whether the procedure for execution is faulty due to lack of averment on fulfilment of conditions

Ratio Decidendi

The court found that the parties are the original parties to the judgment, the application is within six years, and the judgment does not fall under the exceptions of Section 233(2)(a)(i) to (iv), thus a writ of execution is properly issuable.

Court Disposition

writ of execution issued

Orders

  • A writ of execution is issued against the respondents to pay the judgment debt in full with interest and taxed costs.
  • Failing payment, the petitioner's application for seizure and sale of the respondents' property at Belle Vue, La Misere, Mahe, Seychelles is allowed for enforcement of the judgment.