Ex parte the Attorney General (XP 37 of 2023) [2023] SCSC 425 (9 June 2023)
The court found that the applicant had satisfied the statutory requirements for an interim order under Section 3(1) of POCCCA, supported by credible and reliable information from investigations, and granted the interim order to freeze the specified bank accounts and appoint a receiver.
- Citation
- [2023] SCSC 425
- Parties
- Applicant: The Attorney General
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 9 June 2023
- Case Number
- XP 37 of 2023
- Procedural Posture
- Ex Parte Application / Interim Order Application
- Outcome
- interim order granted
- Legal Topics
- Interim Orders, Asset Freezing, Receivership, Fraud, Bank Accounts
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Attorney General
Applicant
Procedural Posture
Ex Parte Application / Interim Order Application
Legal Issues
- 1 Whether the statutory requirements for an interim order under Section 3(1) of the Proceeds of Crime (Civil Confiscation) Act 2008 are met
- 2 Whether reasonable enquiries and investigations have been carried out as required by Section 9(2) of POCCCA
Ratio Decidendi
The court found that the applicant had satisfied the statutory requirements for an interim order under Section 3(1) of POCCCA, supported by credible and reliable information from investigations, and granted the interim order to freeze the specified bank accounts and appoint a receiver.
Court Disposition
interim order granted
Orders
- Respondents are prohibited from disposing of or dealing with the specified bank accounts and funds.
- Sgt Angella Ernesta is appointed as receiver over the properties.
Full Case Text
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