IN THE SUPREME COURT OF SEYCHELLES
Civil Side: 106/2012
[2014] SCSC
SEYCHELLES TRADING COMPANY
versus
NOAH KAKAI MAKOKHA
Heard: 6 February 2014
Counsel: Mr. Rajasundaram for
Delivered: 6 February 2014
The Plaintiff in this matter claims the total sum of Rs.546,864.92/- from the Defendant for loss and damage which the Plaintiff allegedly suffered as a result of a breach of contract by the Defendant.
On the strength of the uncontroverted evidence adduced by the Plaintiff ex-parte in this matter I am satisfied more than on a balance of probabilities that the Defendant was employed by the Plaintiff under a contract. During the subsistence of the contract the Defendant after availing all the benefits given to him under the contract left Seychelles without giving due notice for termination of his contract of employment with the Plaintiff. As a result, I find the Plaintiff did suffer loss and damage as claimed in the plaint. However as regards moral damages, the quantum appears to be on the higher side. Accordingly I reduce the claim for moral damages from Rs,150,000/- to Rs.100,000/-. In the final analysis, I find the Defendant is liable to compensate the Plaintiff for the actual loss and damage the Plaintiff suffered as a result of the breach of contract.
WHEREFORE, I hereby enter judgment for the Plaintiff and against the Defendant in the total sum of Rs.496,864.92/- with interest on the said sum at 4% per annum, (the legal rate), as from the date of the plaint and with costs.
Judgment entered accordingly.
Signed, dated and delivered at Ile du Port on 6 February 2014
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