Seychelles Credit Union v Hoareau and Another (10 2007) [2007] SCSC 93 (29 July 2007)
The plaintiff proved on a balance of probabilities that the defendants defaulted on the loan agreement, and the outstanding sum is due and payable jointly and severally by the defendants.
Source-derived case information.
- Citation
- [2007] SCSC 93
- Parties
- Plaintiff: Seychelles Credit Union; 1st Defendant: John Hoareau; 2nd Defendant: Robin Hoareau
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- 10 2007
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for the plaintiff
- Legal Topics
- Loan Agreement, Default on Loan, Guarantor Liability, Ex Parte Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Seychelles Credit Union
Plaintiff
John Hoareau
1st Defendant
Robin Hoareau
2nd Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defendants are liable for the outstanding loan amount and interest as per the agreement
- 2 Whether the plaintiff is entitled to judgment in default of defence
Ratio Decidendi
The plaintiff proved on a balance of probabilities that the defendants defaulted on the loan agreement, and the outstanding sum is due and payable jointly and severally by the defendants.
Court Disposition
Judgment for the plaintiff
Orders
- Defendants to pay SR 32,370.28 with interest at 0.81% per month
- Defendants to pay costs of the suit
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHELLES SEYCHELLES CREDIT UNION Plaintiff VS. JOHN HOAREAU Defendants ROBIN HOAREAU Mr. Rouillon for the Plaintiff JUDGMENT Gaswaga, J Civil Side No. 10 2007 The plaintiff is a co-operative incorporated in Seychelles carrying out the business, inter-alia of lending money to its members for different purposes. By an agreement dated 23/12/2002 (P1) the plaintiff loaned the 1st defendant SR 50, 000.00 with interest thereon at 0.81% per month on the remaining balance. The 2nd defendant signed the agreement as guarantor for the 1st defendant to pay the loan. It was a term in the agreement that the 1st defendant would pay the plaintiff the said amount and interest by equal monthly installments and further that in default thereof the entire balance would become due and payable. The defendants expressly waived presentment, demand, protest and notice of protest and dishonour of the loan. In breach of the above terms of the agreement the 1st defendant defaulted in paying the installments hence leaving an outstanding balance of SR 31,053.74 as at 20/12/2006 which figure has since increased to SR 32,370.28 when the case was heard on the 9/5/2007. Demand for the same was made vide letters (P2) and (P3) but yielded no positive results. The defendant, although duly served, did not turn up nor file a defence in court and leave was granted for the case to be heard ex- parte. See section 65 of the Seychelles Code of Civil Procedure, Cap 213. One witness Ms Chiristiane Moise (PW1) was called. She informed the court that she is a loans officer at the plaintiff bank and also confirmed the above facts. I am satisfied that on the uncontroverted evidence before the court the plaintiff has proved its case against the defendants jointly and severally on a balance of probabilities. Judgment is accordingly entered for the plaintiff as prayed in the plaint in the sum of SR. 32,370.28 with interest thereon at the rate of 0.81% per month and costs of the suit. D. GASWAGA JUDGE Dated this 30th day of July, 2007.