Vel v Morel (118 of 2006) [2006] SCSC 77 (31 October 2006)

Vel v Morel (118 of 2006) [2006] SCSC 77 (31 October 2006)

The plaintiff proved on a balance of probabilities that the defendant took a loan, defaulted, and is liable for the principal, interest, and costs as per the agreement.

Citation
[2006] SCSC 77
Parties
Plaintiff: Ralph Vel; Defendant: Winsley Morel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 October 2006
Case Number
118 of 2006
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Loan Agreement, Acknowledgement of Debt, Default in Repayment
Source Language
English
Contract Law Loan Agreement Acknowledgement of Debt Default in Repayment

Case Brief

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Parties

Ralph Vel

Plaintiff

Winsley Morel

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable to pay the loan amount as per the agreement
  2. 2 Whether the plaintiff is entitled to interest and costs

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the defendant took a loan, defaulted, and is liable for the principal, interest, and costs as per the agreement.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay SR 39,000.00 to the plaintiff
  • Interest at 10% per annum from 1st June, 2005 until payment in full