Hertel v Pool and Another (225 of 2008) [2009] SCSC 64 (9 December 2009)

The plaintiff, having substantiated his claim on a balance of probabilities, is entitled to subrogation for payments made as guarantor, reimbursement of installments paid, moral damages, and an order compelling the defendant to continue loan repayments.

Citation: [2009] SCSC 64
Parties: Plaintiff: Steve Hertel; Defendant: McDonald Pool also known as Leonard Pool
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 9 December 2009
Case Number: 225 of 2008
Procedural Posture: Civil / Judgment
Outcome: Judgment for the plaintiff
Legal Topics: Loan Guarantee, Subrogation, Moral Damages, Loan Repayment
Source Language: English

Contract Law Banking Law Loan Guarantee Subrogation Moral Damages Loan Repayment

Case Brief

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Parties

Steve Hertel

Plaintiff

McDonald Pool also known as Leonard Pool

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff is entitled to subrogation for payments made as guarantor for the defendant's loan
2 Whether the defendant is liable to refund the plaintiff for installments paid to the Development Bank of Seychelles
3 Whether the plaintiff is entitled to moral damages for hardship suffered

Ratio Decidendi

Court Disposition

Judgment for the plaintiff

Orders

Declaration that all payments made by the plaintiff in repayment of the loan including interest and costs were in subrogation for the amount due by the defendant to the Development Bank of Seychelles
Order that the defendant refund the plaintiff all installments paid to the Development Bank of Seychelles plus interest and costs