Ezy Garage Pty Ltd and Another v Rassool and Another (9 of 2008) [2009] SCSC 60 (6 December 2009)

Defendants, having failed to repay the borrowed sum and pay for repairs as agreed, are jointly and severally liable for the total amount claimed by the Plaintiffs.

Citation: [2009] SCSC 60
Parties: Plaintiff: EZY GARAGE PTY LTD; Plaintiff: Margaret Sauzier; Defendant: Zehra Rassool; Defendant: Jocelyn Labiche
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 6 December 2009
Case Number: 9 of 2008
Procedural Posture: Civil / Judgment After Ex Parte Hearing
Outcome: Judgment for Plaintiffs
Legal Topics: Oral Agreements, Debt Recovery, Damages, Ex Parte Proceedings
Source Language: English

Contract Law Civil Procedure Oral Agreements Debt Recovery Damages Ex Parte Proceedings

Case Brief

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Parties

EZY GARAGE PTY LTD

Plaintiff

Margaret Sauzier

Plaintiff

Zehra Rassool

Defendant

Jocelyn Labiche

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Hearing

Legal Issues

1 Whether the Defendants are jointly and severally liable for the sum borrowed and cost of repairs under the oral agreement
2 Whether the Plaintiffs are entitled to damages and costs

Ratio Decidendi

Defendants, having failed to repay the borrowed sum and pay for repairs as agreed, are jointly and severally liable for the total amount claimed by the Plaintiffs.

Court Disposition

Judgment for Plaintiffs

Orders

Defendants to pay Plaintiffs jointly and severally SR68,072.00 with interest at the legal rate and costs