Contract Law

Eastern European Engineering Ltd v SJ (Seychelles) Ltd (SCA 52/2019 (Appeal from MA 101/2019 - Arising in CC 02/2019)) [2022] SCCA 25 (29 April 2022);

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Contract - claim for damages for breach of contract - Commercial Code - arbitration agreement - stay of proceedings - Respondent conceding that  the arbitration agreement is not null and void - arbitration agreement is valid and subsisting - no argument before the Supreme Court that the dispute did not fall within the scope of the arbitration agreement. Appeal allowed. With costs. Whether or not a foreign arbitral award (a Convention Award) is enforceable in Seychelles does not arise for the determination of this Court in the context of the present appeal.

IN THE COURT OF APPEAL OF SEYCHELLES

 

Harini & Company Proprietary Limited v Barjrang Builders Proprietary Limited (Civil Appeal SCA 29/2019 & SCA 41/2019 (Appeal from CS 11/2016) SCSC) [2021] SCCA 81 (17 December 2021);

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Contract - Breach of Building Lease Agreement - Damages - Proof of damages - Defective pleadings. Appeal is dismissed - Cross-appeal is dismissed - No order as to costs.

 

IN THE COURT OF APPEAL OF SEYCHELLES

 

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

 

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