Balgobin M. L. v. Maubank Ltd & Anor 2024 SCJ 145 – Case Summary

The Court of Civil Appeal (CCA) delivered an interesting judgment on the adequacy of affidavit evidence when making a bankruptcy order. The CCA, acting solely on the basis of affidavit evidence, upheld an order of the Bankruptcy Court adjudging the appellant (Mr Balgobin) bankrupt pursuant to Section 8 of the Insolvency Act.

The issues raised on appeal by the Appellant and which the CCA had to determine on were:

• Whether the trial judge could act solely on the affidavit evidence of the petitioner to adjudge the appellant bankrupt without hearing further evidence under oath in support of the petition; and
• Whether the trial Judge was wrong in relying on the "Statement of Liabilities" in order to find the debt proved.