Banque Cantonale De Genève v Sanomi

Banque Cantonale De Genève v Sanomi

The promissory notes are valid and enforceable under English law; oral evidence cannot be admitted to contradict their terms; forbearance by the bank constituted sufficient consideration; summary judgment is granted for the claimant for the outstanding indebtedness secured by the notes.

Parties
Claimant/applicant: Banque Cantonale de Genève; Defendant/respondent: Mr Igho Charles Sanomi
Jurisdiction
England and Wales
Judgment Date
21 December 2016
Procedural Posture
Commercial Claim / Summary Judgment Application
Outcome
summary judgment granted for claimant
Legal Topics
Promissory Notes, Summary Judgment, Consideration, Forbearance, Parol Evidence Rule, Negotiable Instruments
Commercial Law Banking Law Promissory Notes Summary Judgment Consideration Forbearance Parol Evidence Rule Negotiable Instruments

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Parties

Banque Cantonale de Genève

Claimant/applicant

Mr Igho Charles Sanomi

Defendant/respondent

Procedural Posture

Commercial Claim / Summary Judgment Application

Legal Issues

  1. 1 Are the documents dated 25 September 2015 valid promissory notes under English law?
  2. 2 Is the claimant entitled to summary judgment on the promissory notes?
  3. 3 Was there consideration for the promissory notes?

Ratio Decidendi

The promissory notes are valid and enforceable under English law; oral evidence cannot be admitted to contradict their terms; forbearance by the bank constituted sufficient consideration; summary judgment is granted for the claimant for the outstanding indebtedness secured by the notes.

Court Disposition

summary judgment granted for claimant

Orders

  • Claimant entitled to recover up to the extent of the outstanding indebtedness of Taleveras to the bank secured by the promissory notes.
  • Claimant to provide a statement of the balance when judgment is handed down.