Seychelles Breweries v Banane (176 of 2006) [2006] SCSC 23 (17 September 2006)


IN THE SUPREME COURT OF SEYCHELLES


SEYCHELLES BREWERIES PLAINTIFF

VERSUS

MR SONNY BANANE DEFENDANT

Civil Side No 176 of 2006


Mr. K. Shah for the plaintiff

Defendant absent and unrepresented


JUDGMENT

Perera J


The plaintiff company claims Rs.25,112.36 from the defendant for goods sold and delivered. It is averred that the defendant purchased goods on credit in a sum of Rs.35,112.36 in June 2004, and paid Rs.10,000 in September 2004, leaving a balance of Rs.25,112.36.


The defendant who was served with notice of action, defaulted appearance, and hence the case was heard ex-parte.


David Michel Vidot, an Accountant of the plaintiff company produced the sales invoice for the goods supplied to the defendant on 3rd June 2004 (P1) the total cost being Rs.35,112.36. After the payment of Rs.10,000 in September 2004, the defendant defaulted payment and hence a letter demanding payment was sent on 18th October 2004 (P2) as no further payment was made, the present case was instituted on 11th April 2006.


On the basis of the oral and documentary evidence, the Court is satisfied that the defendant owes the plaintiff a sum of Rs.25,112.36.


Judgment is accordingly entered in favour of the plaintiff in a sum of Rs.25,112.36, together with interest and costs of action.


…………………………………

A.R. PERERA

JUDGE

Dated this 18th day of September 2006

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