IN THE SUPREMECOURT OF SEYCHELLES

 Reportable

[2019] SCSC 297

CS 27/2010

CS 29/2010

F.B CHOPPY (PROPRIETARY) LIMITED                    Plaintiff

(rep by Elvis Chetty)

and

NSJ CONSTRUCTION PTY. LTD.                                   1^stDefendant

And

GREGOIRE PAYET                                                            2^nd Defendant

TWOMEY CJ The claim and counterclaim by the parties[1]       The parties entered into an agreement for the Plaintiff, a building contractor, to construct a house, retaining wall, boundary wall and other related external site works for the Defendant, the owner of Parcel C9205 at Au Cap, Mahe.[2]       It was inter alia terms of the said agreement that the Plaintiff would complete the works within one year with the commencement date of 2 May 2017 for the works and that the contract price for the said works totalling SR 3,850,004.89 would be payable in six stage instalments as

PILLAY J

[1]       The Plaintiff in this matter seeks a judgment of the Court against the Defendant in the sum of SCR 640, 250.65 on the basis of the Defendant’s breach of contract.

[2]       The Plaintiff claims that on or about 4th November 2013 the parties entered into an agreement to lease the Club House of the building known as Botanica Residences and Resort situated at St Louis, Mahe on title No. V1841 for a period of 9 years starting from the 1st December 2013.

DODIN J.

[1]       The Appellant being dissatisfied with an ex-parte judgment of the Rent Board given personally against him appeals against the said judgment raising the following grounds of appeal:

1.      The Rent Board erred in law and fact in making findings on the Appellant personally as the only one responsible for the debt without taking into account that the lease was with a limited company.