Domingue v Andre (CA 7 of 2021) [2023] SCSC 134 (21 February 2023)

Domingue v Andre (CA 7 of 2021) [2023] SCSC 134 (21 February 2023)

There was no valid contract between the Appellant and the Respondent; the arrangement was with the Respondent's mother or her employee. The Appellant failed to provide documentary evidence as required by law. The Respondent's offer to settle was not an admission of liability but a genuine attempt to resolve the dispute. The Magistrate's findings were correct and the appeal is dismissed.

Citation
[2023] SCSC 134
Parties
Appellant: Steve Domingue; Respondent: Yuan Andre
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 February 2023
Case Number
CA 7 of 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs to the respondent
Legal Topics
Existence of Contract, Burden of Proof, Documentary Evidence, Without Prejudice Communications
Source Language
English
Contract Law Existence of Contract Burden of Proof Documentary Evidence Without Prejudice Communications

Case Brief

Summary, issues, holding and outcome

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Parties

Steve Domingue

Appellant

Yuan Andre

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether there was a valid contract between the Appellant and the Respondent
  2. 2 Whether the Magistrate erred in failing to assess the Appellant's evidence
  3. 3 Whether the Respondent's offer of settlement was an admission of liability

Ratio Decidendi

There was no valid contract between the Appellant and the Respondent; the arrangement was with the Respondent's mother or her employee. The Appellant failed to provide documentary evidence as required by law. The Respondent's offer to settle was not an admission of liability but a genuine attempt to resolve the dispute. The Magistrate's findings were correct and the appeal is dismissed.

Court Disposition

appeal dismissed with costs to the respondent

Orders

  • The appeal is dismissed with costs to the Respondent.