Umarji v Dhevatara Properties Co Ltd (CC 26/2013) [2018] SCSC 8182 (29 May 2018)

Umarji v Dhevatara Properties Co Ltd (CC 26/2013) [2018] SCSC 8182 (29 May 2018)

The court found that the defendant breached the oral lease by failing to pay rent, failing to maintain and return the premises in good condition, and causing loss and damage. The court applied the presumption under Article 1731 due to lack of a joint inventory and awarded damages for unpaid rent, reinstatement works, missing/damaged items, and partial loss of rental income, while rejecting claims not supported by evidence or falling outside minor repairs.

Citation
[2018] SCSC 8182
Parties
Plaintiff: Adam Umarji; Defendant: Dhevatara Properties Co. Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 May 2018
Case Number
CC 26/2013
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Lease, Damages, Oral Lease Agreements, Obligations of Tenant, Restitution of Premises
Source Language
English
Landlord and Tenant Contract Law Breach of Lease Damages Oral Lease Agreements Obligations of Tenant Restitution of Premises

Case Brief

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Parties

Adam Umarji

Plaintiff

Dhevatara Properties Co. Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the terms of the oral lease agreement
  2. 2 Whether the plaintiff is entitled to damages for unpaid rent, reinstatement works, missing/damaged items, and loss of rental income
  3. 3 Whether the defendant is entitled to set-off for alleged improvements and inconvenience

Ratio Decidendi

The court found that the defendant breached the oral lease by failing to pay rent, failing to maintain and return the premises in good condition, and causing loss and damage. The court applied the presumption under Article 1731 due to lack of a joint inventory and awarded damages for unpaid rent, reinstatement works, missing/damaged items, and partial loss of rental income, while rejecting claims not supported by evidence or falling outside minor repairs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff USD 12,400 and SCR 165,989.50 with interest at the legal rate from 29 August 2013
  • Defendant to pay costs