Hoareau v Roucou (269 of 2001) [2005] SCSC 35 (29 May 2005)

The Plaintiff's uncontroverted evidence and documentary acknowledgements established the debt on a balance of probabilities, entitling him to judgment as prayed.

Citation: [2005] SCSC 35
Parties: Plaintiff: Simon Hoareau; Defendant: Claire Roucou
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 29 May 2005
Case Number: 269 of 2001
Procedural Posture: Civil / Judgment
Outcome: Judgment for the Plaintiff
Legal Topics: Debt Recovery, Acknowledgement of Debt, Ex Parte Proceedings
Source Language: English

Contract Law Civil Procedure Debt Recovery Acknowledgement of Debt Ex Parte Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Simon Hoareau

Plaintiff

Claire Roucou

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Defendant is indebted to the Plaintiff in the sum of SR39,000.00 plus interest and costs
2 Whether the Plaintiff has proved his claim on a balance of probabilities

Ratio Decidendi

The Plaintiff's uncontroverted evidence and documentary acknowledgements established the debt on a balance of probabilities, entitling him to judgment as prayed.

Court Disposition

Judgment for the Plaintiff

Orders

Defendant to pay Plaintiff SR39,000.00 with interest at 10% per annum from 2nd February 2001
Defendant to pay costs to the Plaintiff