Domingue v Landry (CS 204/2001) [2003] SCSC 1 (31 January 2003)

Domingue v Landry (CS 204/2001) [2003] SCSC 1 (31 January 2003)

The intimate and close relationship between the parties created a moral impossibility for the Plaintiff to obtain written proof of the transaction, thus oral evidence is admissible under Article 1348.

Source-derived case information.

Citation
[2003] SCSC 1
Parties
Plaintiff: Domingue; Defendant: Landry
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 January 2003
Case Number
CS 204/2001
Procedural Posture
Civil / Ruling on Admissibility of Evidence
Outcome
Objection set aside; oral evidence allowed.
Legal Topics
Admissibility of Oral Evidence, Proof of Agreements, Exceptions to Written Evidence Rule
Source Language
english
Evidence Contract Admissibility of Oral Evidence Proof of Agreements Exceptions to Written Evidence Rule

Source-derived case record

Summary, issues, holding and outcome

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Parties

Domingue

Plaintiff

Landry

Defendant

Procedural Posture

Civil / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether oral evidence is admissible to prove an agreement exceeding R5,000 between parties who cohabited

Ratio Decidendi

The intimate and close relationship between the parties created a moral impossibility for the Plaintiff to obtain written proof of the transaction, thus oral evidence is admissible under Article 1348.

Court Disposition

Objection set aside; oral evidence allowed.

Orders

  • Plaintiff is allowed to adduce oral evidence in support of the transaction.