IN THE SUPREME COURT OF SEYCHELLES

SEYCHELLES SAVINGS BANK			        		Plaintiff

VS.

JOHN JEANNE 					   	 		Defendant

 Civil Side No.117of 2003

Mr. W.Lucas for the Plaintiff

JUDGMENT

Gaswaga, J

The Plaintiff is a bank at all material times operating in the Republic of Seychelles, which, among others, offers loan services to its clients.  The Defendant is a customer of the Plaintiff who pursuant to an agreement (P2) dated 2nd October, 1998 was availed a loan of SR90.000/- with interest at the rate of 10% per annum payable by 48 monthly instalments of SR2, 282.63/- with effect from 28th October, 1998.

The Defendant, though duly served, did not turn up nor file a defence in court and leave was granted for the case to be heard ex-parte.  See section 65 of the Seychelles Code of Civil Procedure Cap. 213.  One witness, Ms. Elice Pollette Aglae who is also the loan recovery officer with the plaintiff bank confirmed the above facts and further stated that by the time the case was filed in 2003 the balance stood at the total figure of SR 27,015/- but that the said sum had since increased due to accumulated interest and stood at SR51, 407.30/- as at 24th November, 2006 when the suit was heard.  Demand for the outstanding balance of the loan was made but yielded no positive results.

I am satisfied that on the uncontroverted evidence before the Court the Plaintiff has proved its case against the Defendant on a balance of probabilities.   Judgment is accordingly entered for the Plaintiff as prayed in the plaint in the sum of    SR51, 407.30/- with interest thereon at the rate of 10% per annum with effect from 28th October, 1998 until payment in full.  The Plaintiff is also awarded costs of the suit.

	

D. GASWAGA
JUDGE
Dated this …………….. day of March, 2007.