Labonte v Fred (CS 32/2011) [2015] SCSC 9 (21 January 2015)

Labonte v Fred (CS 32/2011) [2015] SCSC 9 (21 January 2015)

The existence of written documents (exhibits P1 and P3) signed by the plaintiff constitutes a beginning of proof in writing under Article 1347, thereby allowing the defendant to adduce oral evidence to prove the real price agreed upon, and the defendant’s claim does not amount to a back letter requiring registration.

Citation
[2015] SCSC 9
Parties
Plaintiff: Ahtee Labonte; Defendant: Lucy Fred
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 January 2015
Case Number
CS 32/2011
Procedural Posture
Civil / Interlocutory Ruling on Admissibility of Oral Evidence
Outcome
Objection overruled; oral evidence admissible.
Legal Topics
Specific Performance, Admissibility of Oral Evidence, Back Letters, Sale of Immovable Property
Source Language
English
Contract Law Property Law Evidence Law Specific Performance Admissibility of Oral Evidence Back Letters Sale of Immovable Property

Case Brief

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Parties

Ahtee Labonte

Plaintiff

Lucy Fred

Defendant

Procedural Posture

Civil / Interlocutory Ruling on Admissibility of Oral Evidence

Legal Issues

  1. 1 Whether oral evidence is admissible to prove the real purchase price of immovable property contrary to the written contract
  2. 2 Whether the defendant's claim amounts to a back letter requiring registration

Ratio Decidendi

The existence of written documents (exhibits P1 and P3) signed by the plaintiff constitutes a beginning of proof in writing under Article 1347, thereby allowing the defendant to adduce oral evidence to prove the real price agreed upon, and the defendant’s claim does not amount to a back letter requiring registration.

Court Disposition

Objection overruled; oral evidence admissible.

Orders

  • Defendant is allowed to adduce oral evidence to establish the real price agreed upon between the parties.