Seychelles Savings Bank v Valentin and Another (351 of 2008) [2009] SCSC 132 (31 July 2009)
The plaintiff proved the loan agreement, the defendants' default, and the outstanding debt. Judgment is entered for the plaintiff for the sum claimed with interest and costs, as the defendants failed to discharge their obligations or contest the claim.
Source-derived case information.
- Citation
- [2009] SCSC 132
- Parties
- Plaintiff: Seychelles Savings Bank; 1st Defendant: Hotensia Azma Valentin; 2nd Defendant: Steven Gappy
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- 351 of 2008
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for the plaintiff
- Legal Topics
- Loan Default, Guarantee Liability, Debt Recovery
- 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
Hotensia Azma Valentin
1st Defendant
Steven Gappy
2nd Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defendants defaulted on the loan agreement
- 2 Whether the plaintiff is entitled to recover the outstanding loan amount and interest
Ratio Decidendi
The plaintiff proved the loan agreement, the defendants' default, and the outstanding debt. Judgment is entered for the plaintiff for the sum claimed with interest and costs, as the defendants failed to discharge their obligations or contest the claim.
Court Disposition
Judgment for the plaintiff
Orders
- Defendants to pay jointly and severally SR78,390.65 with interest at 10% per annum until payment in full
- Plaintiff awarded costs of the suit
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHE LLES SEYCHELLES SAVINGS BANK Plaintiff VS. HOTENSIA AZMA VALENTIN of Takamaka, Mahe AND STEVEN GAPPY Defendant of Bel Air, Mahe 1 st Defendant 2 nd Civil Side No. 351 of 2008 Mr. F. Ally for the Plaintiff Gaswaga, J JUDGMENT The Plaintiff is a bank engaged in normal business at all material times operating in the Republic of Seychelles, which, among others, offers loan services to its clients. The first Defendant is a customer of the Plaintiff who pursuant to an agreement dated 2nd March, 2000 and vide her account number 5141450001 with the said bank was availed a loan of SR25, 000/- with a fixed interest rate of 10% per annum payable by 15 monthly instalments of SR 1,779.93- with effect from 28th May, 2000. The second Defendant guaranteed the repayment of the said loan. The defendants defaulted in the repayment of the loan hence this suit. On the 31st of March, 2009, however, the first defendant appeared and admitted the claim. The second defendant, though duly served, did not turn up nor file a defence in court and on the 21st of May, 2009, the matter was heard ex parte where upon the plaintiff prayed for Judgment to be entered against him. One witness, Caroline Volcere (PW1) an employee of the plaintiff bank confirmed the above facts and also stated that the defendants had breached a term of the agreement to pay a monthly sum of SR 1,779.92 cts commencing on 28th May, 2000. That despite several notices (PE2) to the defendants no payments have been effected hence leaving the debt which, as at 21st May, 2009 was standing at Rs 78, 390.65 cts. With this evidence i am satisfied that the plaintiff has proved its case to the required standard. Judgment is accordingly entered for the Plaintiff as prayed in the plaint against both defendants who should pay jointly and severally the sum of SR78, 390.65 cts with interest thereon at 10% per annum until payment in full. The Plaintiff is also awarded costs of the suit. D. GASWAGA JUDGE Dated this ..........................day of August, 2009.