Rose v Mathiot (MA 222/2017 (arising in CS 246/2008)) [2017] SCSC 933 (8 October 2017)

The court ordered the judgment debtor to pay R25,000 by a specified date or face committal for two weeks, followed by monthly payments of R3,000 to the judgment creditor.

Citation: [2017] SCSC 933
Parties: Judgment Creditor: Bradline Rose; Judgment Debtor: Barry Mathiot
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 8 October 2017
Case Number: MA 222/2017 (arising in CS 246/2008)
Procedural Posture: Civil / Order on Enforcement of Judgment
Outcome: Order for payment and committal in default
Legal Topics: Debt Recovery, Committal Proceedings
Source Language: English

Civil Procedure Enforcement of Judgments Debt Recovery Committal Proceedings

Case Brief

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Parties

Bradline Rose

Judgment Creditor

Barry Mathiot

Judgment Debtor

Procedural Posture

Civil / Order on Enforcement of Judgment

Legal Issues

1 Whether the judgment debtor should be compelled to pay the outstanding judgment debt under threat of committal

Ratio Decidendi

The court ordered the judgment debtor to pay R25,000 by a specified date or face committal for two weeks, followed by monthly payments of R3,000 to the judgment creditor.

Court Disposition

Order for payment and committal in default

Orders

Judgment debtor to appear on 7th December 2017 with R25,000
In default, judgment debtor to be committed to Montagne Posee for 2 weeks