IN THE SUPREME COURT OF SEYCHELLES HOLDEN AT
VICTORIA
Civil Side No. 169 of 2008
Chez Deenu Ltd …...................................................................................Plaintiff
Versus
Seychelles Breweries Ltd ….................................................................Defendant
Karen Domingue for the Plaintiff
Francis Chang-Sam for the Defendant
JUDGMENT
Egonda-Ntende CJ
1. The plaintiff is body corporate engaged in import, wholesale and retail trading activities in Seychelles and for purposes of this case was a distributor for the defendants' products in Mahe at all material times. The defendant is a body corporate manufacturing soft and alcoholic beverages. The last written agreement between the parties was in 2004 and thereafter it was subsequently renewed until it was terminated by notice on 1st December 2007.
2. The plaintiff contends that it incurred heavy losses between 2004 and 2007 as the commission paid to it by the defendant was low. Much as the defendant kept promising that it would increase the commission it informed the plaintiff in November 2007 that it would not increase the commission. In order to avoid further losses to the plaintiff upon the defendant confirming that it would not raise its commission in August 2007 the defendant was compelled to give notice of termination of the agreement dated 22nd July 2007.
3. The plaintiff continued supplying the defendant with its distribution services up to the end of November 2007 while the plaintiff continued to negotiate for an increase in commission. By the defendant's conduct the defendant did not accept the plaintiffs notice of termination until on the 23 November 2007 it