Labonte v Fred (CS 32/2011) [2018] SCSC 8062 (4 February 2018)

Labonte v Fred (CS 32/2011) [2018] SCSC 8062 (4 February 2018)

The Plaintiff failed to prove his case on a balance of probability; the Defendant's version was more credible, establishing an oral agreement for a higher sale price, which the Plaintiff did not pay in full.

Source-derived case information.

Citation
[2018] SCSC 8062
Parties
Plaintiff: Ahtee Labonte; Defendant: Lucy Fred
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 February 2018
Case Number
CS 32/2011
Procedural Posture
Civil / Judgment
Outcome
Judgment for Defendant on counterclaim
Legal Topics
Sale of Land, Breach of Contract, Specific Performance, Counterclaim
Source Language
english
Contract Law Property Law Sale of Land Breach of Contract Specific Performance Counterclaim

Source-derived case record

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Parties

Ahtee Labonte

Plaintiff

Lucy Fred

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a valid contract of sale and its terms
  2. 2 Whether the contract was breached by the Plaintiff or Defendant

Ratio Decidendi

The Plaintiff failed to prove his case on a balance of probability; the Defendant's version was more credible, establishing an oral agreement for a higher sale price, which the Plaintiff did not pay in full.

Court Disposition

Judgment for Defendant on counterclaim

Orders

  • Plaintiff to pay Defendant SCR 1,909,138.72 plus 25,000 pounds sterling