Alisop v Payet (CS 256/1998) [2000] SCSC 5 (24 May 2000)

The defendant established on a balance of probabilities that R42,000 was paid in cash to the plaintiff against the cheque, and the plaintiff is only entitled to the admitted balance of R6,000.

Citation: [2000] SCSC 5
Parties: Plaintiff: Alisop; Defendant: Payet
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 24 May 2000
Case Number: CS 256/1998
Procedural Posture: Summary Procedure on Bills of Exchange / Judgment
Outcome: Plaintiff's action dismissed except for admitted sum; defendant to pay R6,000 plus interest and costs.
Legal Topics: Bills of Exchange, Cheques, Proof of Payment, Summary Procedure
Source Language: English

Commercial Law Civil Procedure Bills of Exchange Cheques Proof of Payment Summary Procedure

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

Alisop

Plaintiff

Payet

Defendant

Procedural Posture

Summary Procedure on Bills of Exchange / Judgment

Legal Issues

1 Whether the defendant paid R46,000 in cash after the cheque was not cleared
2 Whether the defendant discharged his obligation under the cheque
3 Whether the plaintiff is entitled to the full sum claimed

Ratio Decidendi

The defendant established on a balance of probabilities that R42,000 was paid in cash to the plaintiff against the cheque, and the plaintiff is only entitled to the admitted balance of R6,000.

Court Disposition

Plaintiff's action dismissed except for admitted sum; defendant to pay R6,000 plus interest and costs.

Orders

Defendant to pay plaintiff R6,000 with interest.
Defendant entitled to costs.