Cedras v Barallon (180 of 2004) [2005] SCSC 29 (24 February 2005)

Cedras v Barallon (180 of 2004) [2005] SCSC 29 (24 February 2005)

The plaintiff's uncontradicted evidence and documentary exhibits proved the claim on a balance of probabilities, entitling the plaintiff to judgment for the claimed sum, interest, and costs.

Citation
[2005] SCSC 29
Parties
Plaintiff: Benilde Cedras; Defendant: Sheila Barallon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 February 2005
Case Number
180 of 2004
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Loan Recovery, Breach of Contract, Damages
Source Language
English
Contract Law Loan Recovery Breach of Contract Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Benilde Cedras

Plaintiff

Sheila Barallon

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable to repay the loan of SR40,000.00 to the plaintiff
  2. 2 Whether the plaintiff is entitled to moral damages

Ratio Decidendi

The plaintiff's uncontradicted evidence and documentary exhibits proved the claim on a balance of probabilities, entitling the plaintiff to judgment for the claimed sum, interest, and costs.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff SR42,000.00 with interest and costs