In the matter of Brenda Hoareau (XP 6/2018) [2018] SCSC 8158 (10 May 2018)
The applicant, as fiduciary and co-owner, demonstrated necessity and benefit to all co-owners, including a minor, and satisfied the court of her repayment capacity. No objection was raised by the Attorney General. The application to charge the property as security for the loan is granted.
Source-derived case information.
- Citation
- [2018] SCSC 8158
- Parties
- Applicant: Brenda Hoareau; Respondent: Attorney General (Ministère Publique)
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- XP 6/2018
- Procedural Posture
- Civil Application / Order
- Outcome
- application granted
- Legal Topics
- Land Charge, Fiduciary Powers, Loan Security
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brenda Hoareau
Applicant
Attorney General (Ministère Publique)
Respondent
Procedural Posture
Civil Application / Order
Legal Issues
- 1 Whether the applicant may be allowed to charge land title S4237 in favour of Barclays Bank (Seychelles) Limited as security for a loan
Ratio Decidendi
The applicant, as fiduciary and co-owner, demonstrated necessity and benefit to all co-owners, including a minor, and satisfied the court of her repayment capacity. No objection was raised by the Attorney General. The application to charge the property as security for the loan is granted.
Court Disposition
application granted
Orders
- Applicant may charge land title S4237 in favour of Barclays Bank (Seychelles) Limited by way of a first line charge.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHELLES Civil Side: XP 6/2018 [2018] sese £1{- 9 In the matter of BRENDA HOAREAU Heard: Counsel: 30 May 2018 Mrs. S. Aglae for petitioner Delivered: 11 May 2018 ORDER Vidot J [1] The Applicant has filed an Application seeking an Order of this Court to allow her to charge land title S4237 in favour of Barclays Bank (Seychelles) Limited. [2] The Applicant is co-owner and fiduciary of the said property together with her 2 children, namely Jean-Marc Bruce Christian Prosper and Daniel Samuel Prosper. The latter is still a minor. The Applicant was duly appointed fiduciary by order of this Court dated 04 May 2018. [3] The Applicant has produced documents from the above mentioned bank indicating that she is borrowing the sum of SRI ,400,0001- for the purpose of house renovation and extension. The house is situated on the property. Therefore, as security for disbursement of the loan, the bank seeks to register a l" line Charge against parcel S4237. [4] Counsel appearing on behalf of the Attorney General, who has been joined in the case as Ministere Publique, submitted that she had no objection to the Application. [5] I note from the Court documents that the Applicant is an Accountant / Admin Manager and thus I am satisfied that she is capable of making the loan repayment. [6] The renovation and extension of the house will enhance the value of the property which finally will be of benefit to all co-owners. [7] Therefore, I accede to the Application and order that the Applicant may charge the property in the form of a l" line Charge in favour of Barclays Bank (Seychelles) Limited. Signed, dated and delivered at Ile du Port on 11 May 2018 -,~_\- Judge of the Supreme Court 2