Automated Summary
Key Facts
The Supreme Court of Seychelles validated a provisional attachment of Rs.4,404,000/- from Hilda Christine Brenda Chetty's bank account at Nouvobanq Seychelles. The court confirmed Dan Ponan as the lawful owner of Rs.2,529,026.04/- remaining in account no. 01201011645009 and directed the bank to transfer these funds to satisfy part of the judgment debt. The remaining balance may be executed against the judgment debtor.
Issues
The court was required to validate the provisional attachment order made in Miscellaneous Cause No. 12 of 2012, where the judgment creditor sought to attach funds belonging to the judgment debtor in the hands of Nouvobanq Seychelles. The court confirmed the validity of the attachment based on the evidence provided by the bank official and directed the release of the specified amount to the judgment creditor.
Holdings
- Allows the judgment creditor to execute the remaining judgment debt against the debtor.
- The court validates the provisional attachment of the judgment debtor's funds at Nouvobanq Seychelles.
- Directs the bank to pay Rs.2,529,026.04/- to the judgment creditor, Dan Ponan.
Remedies
- The court directed the Registrar to serve a copy of the order to the Nouvobanq manager to ensure compliance.
- The court validated the provisional attachment of monies in the defendant's bank account and directed the bank to pay the balance of Rs.2,529,026.04 to the judgment creditor, Dan Ponan, towards part satisfaction of the judgment debt.
- The judgment creditor was granted the right to execute the judgment against the debtor for the remaining balance after the bank's payment.
- The bank was instructed to either transfer the funds to the creditor's account or issue a banker's cheque for the amount.
Monetary Damages
4404000.00
Legal Principles
The court applied the Mareva injunction principle to validate a provisional attachment order, directing the bank to release funds from the respondent's account to satisfy the judgment debt.
Judge Name
D Karunakaran
Passage Text
- Upon the evidence adduced by the official from the Nouvobanq, I am satisfied that the judgment creditor is the lawful owner of the sum which remains in the savings bank account no. 01201011645009. Accordingly, I hereby validate the provisional attachment order in this matter and direct the Bank to pay the said sum namely, the balance which remains in the defendant's account, Rs.2,529,026.04/- to the judgment creditor namely, Dan Ponan of Port Glaud, Mahe, Seychelles.
- This is an application for an order of validation of the provisional attachment made by this Court in Miscellaneous Cause No. 12 of 2012. Pursuance of an order of this Court dated the 19th of March 2013 a provisional attachment of any money or all the monies to the extent of Rs.4,404,000/- due to or belonging to the judgment debtor which were or are in the hands of Nouvobanq Seychelles, state House Avenue, Victoria, Mahe, Seychelles.
- For the avoidance of doubt for the balance, the judgment creditor is at liberty to execute the judgment against the judgment debtor. According I direct the bank to either transfer these funds to the account of the judgment creditor, Dan Ponan, or give a banker's cheque in favour of the judgment creditor in this matter.