Eulentin v Sicobo (10 of 2007) [2011] SCSC 20 (3 March 2011)

Eulentin v Sicobo (10 of 2007) [2011] SCSC 20 (3 March 2011)

The plaintiff failed to prove full payment and the terms of the contract; therefore, no relief could be awarded and the appeal lacked merit.

Citation
[2011] SCSC 20
Parties
Appellant: Xavier Eulentin; Respondent: Alain Sicobo
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 March 2011
Case Number
10 of 2007
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Breach of Contract, Cause of Action, Burden of Proof
Source Language
English
Contract Law Breach of Contract Cause of Action Burden of Proof

Case Brief

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Parties

Xavier Eulentin

Appellant

Alain Sicobo

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the decision of the Senior Magistrate was against the weight of evidence
  2. 2 Whether the existence of a valid contract precluded dismissal for lack of cause of action

Ratio Decidendi

The plaintiff failed to prove full payment and the terms of the contract; therefore, no relief could be awarded and the appeal lacked merit.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondent