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
Contract-Breach of Building Contract
IN THE COURT OF APPEAL OF SEYCHELLES
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
Court of Appeal review of damages, loss of profit, loss of profit, loss of equipment, quantum of damages, expert report
IN THE COURT OF APPEAL OF SEYCHELLES
Delivery of goods, method of delivery, transfer of ownership
IN THE COURT OF APPEAL OF SEYCHELLES
ORDER
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
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.
