In the matter of Brenda Hoareau (XP 6/2018) [2018] SCSC 8158 (10 May 2018)

IN THE SUPREME COURT OF SEYCHELLES Civil Side: XP 6/2018 [2018] sese £1{- 9 In the matter of BRENDA HOAREAU Heard: Counsel: 30 May 2018 Mrs. S. Aglae for petitioner Delivered: 11 May 2018 ORDER Vidot J [1] The Applicant has filed an Application seeking an Order of this Court to allow her to charge land title S4237 in favour of Barclays Bank (Seychelles) Limited. [2] The Applicant is co-owner and fiduciary of the said property together with her 2 children, namely Jean-Marc Bruce Christian Prosper and Daniel Samuel Prosper. The latter is still a minor. The Applicant was duly appointed fiduciary by order of this Court dated 04 May 2018. [3] The Applicant has produced documents from the above mentioned bank indicating that she is borrowing the sum of SRI ,400,0001- for the purpose of house renovation and extension. The house is situated on the property. Therefore, as security for disbursement of the loan, the bank seeks to register a l" line Charge against parcel S4237. [4] Counsel appearing on behalf of the Attorney General, who has been joined in the case as Ministere Publique, submitted that she had no objection to the Application. [5] I note from the Court documents that the Applicant is an Accountant / Admin Manager and thus I am satisfied that she is capable of making the loan repayment. [6] The renovation and extension of the house will enhance the value of the property which finally will be of benefit to all co-owners. [7] Therefore, I accede to the Application and order that the Applicant may charge the property in the form of a l" line Charge in favour of Barclays Bank (Seychelles) Limited. Signed, dated and delivered at Ile du Port on 11 May 2018 -,~_\- Judge of the Supreme Court 2