Houareau v Mussard (CS 96/2012) [2016] SCSC 557 (28 July 2016)

Houareau v Mussard (CS 96/2012) [2016] SCSC 557 (28 July 2016)

The Plaintiff's uncontested and credible evidence established the existence and terms of the promissory note, the Defendant's default, and the amount due, entitling the Plaintiff to judgment for the debt and costs.

Citation
[2016] SCSC 557
Parties
Plaintiff: Marc Houareau; Defendant: Edmond Mussard
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 July 2016
Case Number
CS 96/2012
Procedural Posture
Civil / Ex Parte Judgment
Outcome
Plaintiff's claim allowed in part; judgment entered for Plaintiff for the sum under the promissory note with legal interest and costs.
Legal Topics
Promissory Note, Loan Agreement, Debt Recovery
Source Language
English
Contract Law Promissory Note Loan Agreement Debt Recovery

Case Brief

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Parties

Marc Houareau

Plaintiff

Edmond Mussard

Defendant

Procedural Posture

Civil / Ex Parte Judgment

Legal Issues

  1. 1 Whether the Defendant is liable to pay the Plaintiff the sum claimed under the promissory note and/or oral loan agreement
  2. 2 Whether the Plaintiff has proved his claim to the required standard

Ratio Decidendi

The Plaintiff's uncontested and credible evidence established the existence and terms of the promissory note, the Defendant's default, and the amount due, entitling the Plaintiff to judgment for the debt and costs.

Court Disposition

Plaintiff's claim allowed in part; judgment entered for Plaintiff for the sum under the promissory note with legal interest and costs.

Orders

  • Defendant to pay Plaintiff S.R. 475,488 as per promissory note at legal interest rate.
  • Alternative prayers remain on file.