Ex parte the Attorney General (XP 37 of 2023) [2023] SCSC 425 (9 June 2023)

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

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Parties

The Attorney General

Applicant

Procedural Posture

Ex Parte Application / Interim Order Application

  1. 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. 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.