Albuisson v Fryars (CS 304/1998) [2003] SCSC 17 (25 July 2003)

Albuisson v Fryars (CS 304/1998) [2003] SCSC 17 (25 July 2003)

No term for renovation or equipment could be implied into the contract; the Defendant breached the management agreement by forcefully evicting the Plaintiff and retaining his goods and equipment without due process; the counterclaim fails for lack of evidence.

Citation
[2003] SCSC 17
Parties
Plaintiff: Albuisson; Defendant: Fryars
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 July 2003
Case Number
CS 304/1998
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim partly succeeds; Defendant's counterclaim dismissed.
Legal Topics
Breach of Contract, Implied Terms, Counterclaim, Damages
Source Language
English
Contract Law Breach of Contract Implied Terms Counterclaim Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Albuisson

Plaintiff

Fryars

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant breached the contract by failing to renovate and equip the premises
  2. 2 Whether the Defendant unlawfully evicted the Plaintiff and retained his goods and equipment
  3. 3 Whether the Plaintiff is entitled to damages

Ratio Decidendi

No term for renovation or equipment could be implied into the contract; the Defendant breached the management agreement by forcefully evicting the Plaintiff and retaining his goods and equipment without due process; the counterclaim fails for lack of evidence.

Court Disposition

Plaintiff's claim partly succeeds; Defendant's counterclaim dismissed.

Orders

  • Plaintiff awarded R35,000 for equipment
  • Plaintiff awarded R7,000 for loss of revenue