Pillay v Chrisostome (102 of 2005) [2006] SCSC 85 (30 November 2006)

Pillay v Chrisostome (102 of 2005) [2006] SCSC 85 (30 November 2006)

The plaintiff proved on a balance of probabilities that the defendant is liable for the sum of SR 33,271.41 as the cheques issued for goods purchased were dishonoured and the defendant failed to pay the outstanding amount despite demand.

Citation
[2006] SCSC 85
Parties
Plaintiff: G. S Pillay; Defendant: Jemma Chrisostome
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 November 2006
Case Number
102 of 2005
Procedural Posture
Civil / Judgment (ex Parte)
Outcome
Judgment for the plaintiff as prayed in the plaint.
Legal Topics
Dishonoured Cheques, Debt Recovery
Source Language
English
Commercial Law Dishonoured Cheques Debt Recovery

Case Brief

Summary, issues, holding and outcome

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Parties

G. S Pillay

Plaintiff

Jemma Chrisostome

Defendant

Procedural Posture

Civil / Judgment (ex Parte)

Legal Issues

  1. 1 Whether the defendant is liable for the sum represented by dishonoured cheques issued to the plaintiff for goods purchased.

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the defendant is liable for the sum of SR 33,271.41 as the cheques issued for goods purchased were dishonoured and the defendant failed to pay the outstanding amount despite demand.

Court Disposition

Judgment for the plaintiff as prayed in the plaint.

Orders

  • Defendant to pay SR 33,271.41 to the plaintiff.
  • Defendant to pay costs of the suit.