Alcindor v Morel (CS 184/2011) [2013] SCSC 147 (21 November 2013)

Alcindor v Morel (CS 184/2011) [2013] SCSC 147 (21 November 2013)

The receipt (Item 3) is not an authentic document as defined by law but is a document under private signature. The notary could not confirm the signature's authenticity. In the absence of expert evidence, the Court cannot conclusively determine the genuineness of the signature and will decide the issue at the conclusion of the hearing on the merits.

Citation
[2013] SCSC 147
Parties
Plaintiff: Alcindor; First Defendant: Morel; Second Defendant: Second Defendant; Third Defendant: Third Defendant
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 November 2013
Case Number
CS 184/2011
Procedural Posture
Civil / Interlocutory Ruling (trial Within a Trial on Admissibility of Receipt)
Outcome
Receipt ruled as a private document; authenticity of signature to be determined at conclusion of hearing on merits.
Legal Topics
Admissibility of Documents, Authenticity of Signatures, Burden of Proof
Source Language
English
Evidence Law Civil Procedure Admissibility of Documents Authenticity of Signatures Burden of Proof

Case Brief

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Parties

Alcindor

Plaintiff

Morel

First Defendant

Second Defendant

Second Defendant

Third Defendant

Third Defendant

Procedural Posture

Civil / Interlocutory Ruling (trial Within a Trial on Admissibility of Receipt)

Legal Issues

  1. 1 Whether the receipt for R 75,000.00 is an authentic document under Seychelles law
  2. 2 Whether the signature on the receipt is that of Mrs Amina Morel

Ratio Decidendi

The receipt (Item 3) is not an authentic document as defined by law but is a document under private signature. The notary could not confirm the signature's authenticity. In the absence of expert evidence, the Court cannot conclusively determine the genuineness of the signature and will decide the issue at the conclusion of the hearing on the merits.

Court Disposition

Receipt ruled as a private document; authenticity of signature to be determined at conclusion of hearing on merits.

Orders

  • Receipt (Item 3) admitted as a document under private signature, not as an authentic document.
  • Issue of signature authenticity deferred to final determination after hearing on merits.