IN THE SUPREME COURT OF SEYCHELLES

Civil Side No 76 of 2010

Miss T. Micock for the Plaintiff
JUDGMENT

"Furthermore, in order to save the court's time I take the liberty to suggest that there be appointed a neutral Quantity Surveyor to appraise all faults and shortcomings in the work done on my house. A schedule of this (not complete) has been duly announced to the Plaintiff's Attorney."

"	I regret that due to a cancer treatment schedule I shall not be available in
Seychelles before the first week of July for approximately one week".

Roald Nilsen is not in the country, as he is in Norway receiving medical treatment for cancer. He is however expected to return to the Seychelles from the second week of January."

The witness for the Plaintiff testified and after its conclusion, I reserved judgment and the party was to be informed of the date for the delivery of judgment.

At the time of writing this judgment now, I perused all the records of proceedings and took note of what I have stated above.

It is now of utmost concern to me as to whether any injustice had been caused to the Defendant and that possibly the Defendant might have not received a fair trial in the circumstances.

Roald Nilsen is not in the country, as he is in Norway receiving medical treatment for cancer. He is however expected to return to Seychelles from the second week of January."

There is in my view what appears to be a serious contradiction which obviously raises a serious doubt as to whether really Defendant was properly served.

Therefore, another doubt is raised in my mind as to whether the Court Registry did indeed place the above-stated letter for the attention of the Learned Judge. I doubt so, as if that had been done, the Learned Judge would have made reference to it.

Furthermore, I take note that the Court did not notify the Defendant of the exparte hearing date as is the usual practice.

In all fairness, I do not believe that the matter should have proceeded with this ex-parte hearing had my attention be drawn to the points I have raised above.

Having heard the matter ex-parte, I will now proceed to deliver my judgment based on the uncontroverted evidence of the Plaintiff.

The Plaintiff is and was at all material times a Company registered in Seychelles carrying out the business of construction, and, the Defendant is and was at all material times a businessman on Praslin.

1.	
2.	
3.	
4.	

5.	
Total    SR 1,039,190.00

The interest for such facility was to be calculated on the daily outstanding balances and compounded monthly at the NOUVOBANQ prime rate 7% plus 3.5% i.e. 10.5 % per annum at present but subject to change at the Bank's sole discretion. I believe the rate of interest being claimed is exaggerated in the circumstances of this case. In particular the Plaintiff has claimed a total of SR270,000.00 on a contract worth SR1,051,816.00, which is over 25% over the original agreed contract price.

It is my judgment that it is fair and just in the circumstances to award the Plaintiff interest at the commercial rate of 10.5% per annum from the date of this judgment.

I also award cost to the Plaintiff.

B. RENAUD 
JUDGE