Morin v Camille (CA 36/2014) [2016] SCSC 139 (3 March 2016)

Morin v Camille (CA 36/2014) [2016] SCSC 139 (3 March 2016)

The court found that the SR400,000.00 was a loan, not a gift, as evidenced by the repayments made by the respondent and the conditions attached to the transactions. The magistrate's decision was set aside, and judgment was entered for the appellant for the outstanding balance and moral damages.

Citation
[2016] SCSC 139
Parties
Appellant: Pierre Morin; Respondent: Germain Camille
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 March 2016
Case Number
CA 36/2014
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Loan Versus Gift, Repayment of Money, Moral Damages
Source Language
English
Contract Law Loan Versus Gift Repayment of Money Moral Damages

Case Brief

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Parties

Pierre Morin

Appellant

Germain Camille

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sum of SR400,000.00 given by the appellant to the respondent was a loan or a gift
  2. 2 Whether the appellant is entitled to repayment and moral damages

Ratio Decidendi

The court found that the SR400,000.00 was a loan, not a gift, as evidenced by the repayments made by the respondent and the conditions attached to the transactions. The magistrate's decision was set aside, and judgment was entered for the appellant for the outstanding balance and moral damages.

Court Disposition

appeal allowed

Orders

  • Judgment for the appellant in the sum of SR305,000.00 with interest at the legal rate from the date of judgment
  • Costs awarded to the appellant in both courts