Adonis v Larue (CS 399/1997) [1999] SCSC 9 (8 October 1999)

Adonis v Larue (CS 399/1997) [1999] SCSC 9 (8 October 1999)

The alleged agreement is a back-letter in law, and since it was neither written nor registered as required by article 1321(4) of the Civil Code, it is void and no oral evidence is admissible to prove its terms.

Citation
[1999] SCSC 9
Parties
Plaintiff: Adonis; Defendant: Larue
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 October 1999
Case Number
CS 399/1997
Procedural Posture
Civil / Interlocutory Ruling on Admissibility of Evidence
Outcome
objection upheld; oral evidence inadmissible
Legal Topics
Back Letter, Oral Evidence, Admissibility of Evidence, Simulation of Contract
Source Language
English
Contract Law Civil Procedure Back Letter Oral Evidence Admissibility of Evidence Simulation of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Adonis

Plaintiff

Larue

Defendant

Procedural Posture

Civil / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Is the alleged transaction a back-letter in law?
  2. 2 Is oral evidence admissible to prove this back-letter?

Ratio Decidendi

The alleged agreement is a back-letter in law, and since it was neither written nor registered as required by article 1321(4) of the Civil Code, it is void and no oral evidence is admissible to prove its terms.

Court Disposition

objection upheld; oral evidence inadmissible

Orders

  • Plaintiff is barred from adducing oral evidence to establish the alleged back-letter or secret contract.