Judgment

Karunakaran J

[1]               The Plaintiff in this matter claims compensation from the Defendant in the total sum of Rs.359,707.10/- towards loss and damage the Plaintiff allegedly suffered as a result of a breach of contract by the Defendant. 

[2]               On the strength of the uncontroverted evidence adduced ex-parte by the Plaintiff in this matter, I am satisfied more than on a balance of probabilities that the Defendant was employed by the Plaintiff on a contract.  Subsequently, during the subsistence of the said contract of employment the Defendant left the employment and the Republic of Seychelles without giving due notice to the employer, the Plaintiff.  As a result, the Defendant has obviously been in breach of the contract of employment.  Consequently, I am satisfied that the Plaintiff suffered loss and damages as particularised in the plaint. 

[3]               However, as regards moral damages the amount appears to be exorbitant and unreasonable.  Accordingly I award only Rs.100,000/- for moral damages, which sum I believe would be appropriate and reasonable in the given circumstances of this case. 

[4]               In the final analysis, therefore, I enter judgment for the Plaintiff in the total sum of Rs.309,707.10/- with interest on the said sum at 4% per annum, the legal rate, as from the date of the plaint and with costs.  

Signed, dated and delivered at Ile du Port on 6 February 2014

D.Karunakaran

Judge of the Supreme Court