Underwood v Esparon (MA 191 of 2023) [2023] SCSC 773 (7 November 2023)

The Respondent is not refusing to pay but lacks the means to do so; therefore, the application for committal fails as the requirements for civil imprisonment under section 251 of the Seychelles Code of Civil Procedure are not met.

Citation: [2023] SCSC 773
Parties: Petitioner: [Petitioner Name Not Provided]; Respondent: [Respondent Name Not Provided]
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 7 November 2023
Case Number: MA 191 of 2023
Procedural Posture: Petition for Committal for Civil Imprisonment for Non Payment of Judgment Debt / Ruling on Application and Plea in Limine
Outcome: Application dismissed
Legal Topics: Civil Contempt, Imprisonment for Debt, Execution of Judgments
Source Language: English

Civil Procedure Enforcement of Judgments Civil Contempt Imprisonment for Debt Execution of Judgments

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Parties

[Petitioner Name Not Provided]

Petitioner

[Respondent Name Not Provided]

Respondent

Procedural Posture

Petition for Committal for Civil Imprisonment for Non Payment of Judgment Debt / Ruling on Application and Plea in Limine

Legal Issues

1 Whether the Respondent should be committed to prison for failing to comply with a money judgment under section 251 of the Seychelles Code of Civil Procedure
2 Whether the application meets the criteria for civil imprisonment for judgment debt

Ratio Decidendi

Court Disposition

Application dismissed