Mondon vs Rassool (Civil Side No: 230 of 2008) [2013] SCSC 33 (17 March 2013)

Mondon vs Rassool (Civil Side No: 230 of 2008) [2013] SCSC 33 (17 March 2013)

There was no partnership agreement between the plaintiff and defendant, express or implied, as the plaintiff made no contribution to repairs, operation, or profits. The plaintiff is only entitled to his half share of the original purchase price, not to profits or sale proceeds beyond that amount.

Citation
[2013] SCSC 33
Parties
Plaintiff: Leon Mondon; Defendant: Gilbert Rassool
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 March 2013
Case Number
Civil Side No: 230 of 2008
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff in the sum of SR17,800.00 with interest at the legal rate from the date of judgment. No order as to costs.
Legal Topics
Co Ownership, Partnership, Sale of Goods, Damages
Source Language
English
Property Law Contract Law Co Ownership Partnership Sale of Goods Damages

Case Brief

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Parties

Leon Mondon

Plaintiff

Gilbert Rassool

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff retained a half share in the fishing boat after the sale to the defendant
  2. 2 Whether a partnership existed between the plaintiff and defendant
  3. 3 Whether the plaintiff is entitled to proceeds from the sale and profits of the boat

Ratio Decidendi

There was no partnership agreement between the plaintiff and defendant, express or implied, as the plaintiff made no contribution to repairs, operation, or profits. The plaintiff is only entitled to his half share of the original purchase price, not to profits or sale proceeds beyond that amount.

Court Disposition

Judgment for the plaintiff in the sum of SR17,800.00 with interest at the legal rate from the date of judgment. No order as to costs.

Orders

  • Plaintiff awarded SR17,800.00 with interest at the legal rate from the date of judgment
  • No order as to costs