IN THE SUPREME COURT OF SEYCHELLES

Civil Side: CS 105/2015

[2016] SCSC 388

JOSE  POOL
Plaintiff

versus

H. SAVY INSURANCE  CO. LTD.
Defendant

Heard: Counsel:

3 May 2016

Mr. France Bonte for plaintiff

for defendant

Delivered:   1 June 2016
 

JUDGMENT
 

Robinson J

[I]  This suit proceeded ex parte.

[2]  Plaintiff is Jose Pool. Defendant is H. Savy Insurance Co. Ltd..

[3] Plaintiff "is and was at all material times" the owner of a vehicle Geep~ bearing registration  number S20378.  Defendant  is an insurance company  that insured, under third party cover (fire and theft), the said jeep (exhibit P1).

[4] On 15 September, 2014, Plaintiffs son had invited  a few friends  to the house  Plaintiff who was asleep was awoken by a phone call from  "someone" at about  one  a.m .. The caller asked Plaintiff about the whereabouts of Plaintiffs jeep. Plaintiff  told  the caller that  his jeep was parked inside the garage. The caller told Plaintiff to look inside the garage to ascertain whether the jeep was parked inside of it. Plaintiff went to look. Plaintiffs jeep was not inside the garage. According to Plaintiff, one Hubert  Mothee, his son's  friend, had stolen his jeep and driven  away.  Plaintiff did not see Hubet Motheer steal his jeep and drive away. Plaintiffs jeep while being driven by Hubert Mothee was involved in an accident. According to Plaintiff the jeep was damaged beyond repair and declared a write-off.

[5] Plaintiff is consequently claiming from Defendant Seychelles rupees 647, 000.0  /- in that respect; interests; costs; and any other order as to the court may seem fit.

[6]  I have considered the evidence for Plaintiff. The  issue for the determination of this court is whether  Plaintiff  has established his case on a balance of probabilities. I state  that there is no evidence on record other than that of Plaintiff on which this court could rely in favour of Plaintiffs contention that Hubert  Mothee had stolen his jeep and driven away. In my judgment Plaintiff did not convince me that Hubert Mothee had stolen his jeep and driven away. With respect to his claim for damages Plaintiff offered  no  evidence  in support of his claim. In light of the above I hold that Plaintiff has not established his case on a balance of probabilities.

[7]  In the result, I dismiss Plaintiff's claim. Plaintiff shall bear his own costs.

Signed, dated and delivered at Ile du Port on 1 June 2016

F Robinson
Judge of the Supreme Court