Contract Law

Payet v Maison De Victoria (Pty) Limited (MC 28/2019 (Appeal from RB No. 9 of 2018)) [2020] SCSC 233 (03 April 2020);

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.

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

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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);

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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.

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