Contract Law

NSJ Construction (Pty) Ltd and Anor V F.B Choppy (Pty) LTD (SCA 16/2019 (Appeal from CS 27/2010 & 29/2010)) [2021] SCCA 53 (07 September 2021);

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Contract-Breach of construction contract-Public Policy. Where a contract is not ex facie illegal and one party’s conduct violates public policy, the innocent party can claim under the contract       

IN THE COURT OF APPEAL OF SEYCHELLES

 

Quilindo v Jupiter (SCA 67/2018 (Appeal from CC 25/2015)) [2021] SCCA 38 (13 August 2021);

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Appellant alleged he entered into an agreement with the Respondent to renovate and extend her house - whether court below erred in law and on the facts when ruling that the documents disclosed by the Plaintiff (Appellant) could not be relied on having been disclosed too near to the hearing date – held documents should have been admitted as there was nothing to show that the Respondent would suffer any prejudice

IN THE COURT OF APPEAL OF SEYCHELLES

 

F.B. Choppy (Pty) Ltd v NSJ Construction Pty. Ltd. & Anor (CS 27/2010 and CS 29/2020) [2019] SCSC 297 (07 April 2019);

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.                                   1stDefendant

 

And

GREGOIRE PAYET                                                            2nd Defendant

Parkash v Petovar-Didon (CC 06/2018) [2020] SCSC 207 (26 March 2020);

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

Botanica Resort and Spa v Amirante International Cuisine (Pty) Ltd (CS 73/17) [2020] SCSC 204 (27 March 2020);

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.

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