Seychelles Savings Bank v Nourice (264 of 2005) [2007] SCSC 64 (28 February 2007)
The plaintiff proved its claim on a balance of probabilities through uncontroverted evidence, entitling it to judgment for the outstanding loan sum with interest and costs.
Source-derived case information.
- Citation
- [2007] SCSC 64
- Parties
- Plaintiff: Seychelles Savings Bank; Defendant: Marie-Antoine Nourice
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- 264 of 2005
- Procedural Posture
- Civil / Judgment (ex Parte)
- Outcome
- Judgment for the plaintiff
- Legal Topics
- Loan Agreement, Default on Loan, Interest Calculation, Ex Parte Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Seychelles Savings Bank
Plaintiff
Marie-Antoine Nourice
Defendant
Procedural Posture
Civil / Judgment (ex Parte)
Legal Issues
- 1 Whether the defendant defaulted on the loan agreement
- 2 Whether the plaintiff is entitled to the claimed sum and interest
Ratio Decidendi
The plaintiff proved its claim on a balance of probabilities through uncontroverted evidence, entitling it to judgment for the outstanding loan sum with interest and costs.
Court Disposition
Judgment for the plaintiff
Orders
- Defendant to pay SR87,556.93 with interest at 10% per annum from 28th November 1998 until payment in full
- Plaintiff awarded costs of the suit
Full Case Text
Judgment text and source record
1 paragraphs
1 IN THE SUPREME COURT OF SEYCHELLES SEYCHELLES SAVINGS BANK Plaintiff VS. MARIE-ANTOINE NOURICE Defendant Mr. W. Lucas for the Plaintiff JUDGMENT Gaswaga, J Civil Side No. 264 of 2005 The Plaintiff is a bank at all material times operating in the Republic of Seychelles, which, among others, offers loan services to its clients. The Defendant is a customer of the Plaintiff who pursuant to an agreement (P1) dated 12th November, 1998 was availed a loan of SR 45.000/- with interest at the rate of 10% per annum payable by 48 monthly instalments of SR1, 141.32/- with effect from 28th November, 1998. The Defendant, though 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. Elice Pollette Aglae who is also the loan recovery officer with the plaintiff bank confirmed the above facts and further stated that by the time the case was filed interest had accrued to put the total figure at SR52, 636.90/- but that the said total had since increased and stood at SR87, 556.93/- as at 24th November, 2006. Demand for the outstanding balance of the loan was made but yielded no positive results. I am satisfied that on the uncontroverted evidence before the Court the Plaintiff has proved its case against the Defendant on a balance of probabilities. Judgment is accordingly entered for the Plaintiff as prayed in the plaint in the sum of SR87, 556.93/- with interest thereon at the rate of 10% per annum with effect from 28th November 1998 until payment in full. The Plaintiff is also awarded costs of the suit. D. GASWAGA JUDGE Dated this ……………. day of March, 2007.