Ramkalawan & Ano v Nibourette & Ano (MA 178/2017) [2018] SCSC 8200 (27 June 2018)

Ramkalawan & Ano v Nibourette & Ano (MA 178/2017) [2018] SCSC 8200 (27 June 2018)

Both Defendants, as executors, failed to comply with their statutory and court-ordered duties to render accounts and distribute the estate. Their explanations for non-compliance were inadequate and unsupported by evidence. Civil contempt is a strict liability offence; the breach of the court order was established. Both are found in contempt and sanctioned accordingly.

Citation
[2018] SCSC 8200
Parties
Plaintiff: William Joseph Ramkalawan; Plaintiff: Wilna Marie Cecile Athanase; Defendant: Clemence Nibourette; Defendant: Lucille Didon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 June 2018
Case Number
MA 178/2017
Procedural Posture
Civil / Judgment
Outcome
Both Defendants found in contempt of court.
Legal Topics
Duties of Executors, Contempt of Court, Distribution of Estate, Fiduciary Duties
Source Language
English
Succession Law Civil Procedure Duties of Executors Contempt of Court Distribution of Estate Fiduciary Duties

Case Brief

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Parties

William Joseph Ramkalawan

Plaintiff

Wilna Marie Cecile Athanase

Plaintiff

Clemence Nibourette

Defendant

Lucille Didon

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendants, as executors, failed to comply with their statutory and court-ordered duties to render accounts and distribute the estate of the Deceased.
  2. 2 Whether the Defendants are in contempt of court for non-compliance with the judgment by consent.

Ratio Decidendi

Both Defendants, as executors, failed to comply with their statutory and court-ordered duties to render accounts and distribute the estate. Their explanations for non-compliance were inadequate and unsupported by evidence. Civil contempt is a strict liability offence; the breach of the court order was established. Both are found in contempt and sanctioned accordingly.

Court Disposition

Both Defendants found in contempt of court.

Orders

  • Both Defendants to render full accounts of the succession within three months, failing which a fine of SR25,000 will be imposed on each.
  • First Defendant to pay liabilities of the succession and distribute assets, if any, after accounts have been rendered, and in any case not later than 30 December 2018, failing which a further fine of SR25,000 will be imposed.