Contract Law

European Engineering Ltd v SJ (MA 101/2019) [2019] SCSC 641 (29 July 2019);

search_summary: 

International arbitration: Stay of proceedings on grounds of arbitration clause in contract- arbitration awards from ICCIA non enforceable in Seychelles – futility of arbitration- articles 113, 147, 150 of the Commercial Code, Section 227 of the Seychelles Code Civil Procedure - jurisdiction of Seychelles Supreme Court in default.

TWOMEY CJ

The subject matter of this application

[1]            The Applicant is sued by the Respondent in a Plaint filed on 28 January 2019 for a breach of contract and for which the Respondent claims damages.

[2]            The Applicant has now applied to this Court for a stay of proceedings on the grounds that the contract in issue contains an arbitration clause, namely 20.2 which states: 

Marchesseau v Euodoo (Pty) Limited (CS43/2019) [2019] SCSC 852 (03 October 2019);

search_summary: 

Breach of contract of contrat d’entreprise rescission - damages

TWOMEY CJ

The Pleadings

[1]        In a Plaint entered in March 2019, the Plaintiff averred that he had entered into a contract with the Defendant in November 2017 in which the Defendant had agreed to construct a vertical extension to her home in consideration of the sum of SR1, 300,000 with the works to be completed in approximately five and a half months.

Labiche v FS Management Trading (CS 109/2018) [2019] SCSC 529 (24 June 2019);

TWOMEY CJ

The Facts

[1]        The Plaintiff, a Pool Attendant and employee by a hotel resort controlled and managed by the Defendant suffered a fall and sustained injures to her ankle, legs and body. She claimed damages from the Defendant for its vicarious negligence in its performance, responsibilities and duties in respect of ensuring a safe place of work for her.

[2]        The Defendant denied liability for the accident or that it had ever been the Employer of the Plaintiff.

The Evidence

The Plaintiff’s evidence

Pages