Couchene v Baker (CS 57/2016) [2017] SCSC 954 (5 November 2017)

Couchene v Baker (CS 57/2016) [2017] SCSC 954 (5 November 2017)

The Plaintiff failed to prove forgery or lack of consideration; documentary and testimonial evidence supported the Defendant's case. The Plaintiff's testimony was found untruthful and unsupported. The transfer was valid and the Plaintiff's case was dismissed.

Citation
[2017] SCSC 954
Parties
Plaintiff: Mark Couchene; Defendant: Sheila Baker
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 November 2017
Case Number
CS 57/2016
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's case dismissed
Legal Topics
Transfer of Land, Forgery, Nullity of Contract, Costs
Source Language
English
Property Law Contract Law Transfer of Land Forgery Nullity of Contract Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mark Couchene

Plaintiff

Sheila Baker

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the transfer of Parcel PR4884 to the Defendant was valid
  2. 2 Whether the Plaintiff's signature on the transfer document was forged
  3. 3 Whether consideration for the transfer was paid

Ratio Decidendi

The Plaintiff failed to prove forgery or lack of consideration; documentary and testimonial evidence supported the Defendant's case. The Plaintiff's testimony was found untruthful and unsupported. The transfer was valid and the Plaintiff's case was dismissed.

Court Disposition

Plaintiff's case dismissed

Orders

  • Plaintiff’s case is dismissed.
  • Plaintiff is ordered to pay double the costs of this suit.