Allied Builders (Seychelles) Ltd v Nilson (Civil Side No 76 of 2010) [2011] SCSC 44 (13 July 2011)
The Plaintiff's claim is uncontroverted and supported by documentary evidence; the Defendant was not properly served, but the Court proceeded ex-parte and found the Plaintiff entitled to SR360,982.42 plus interest at 10.5% per annum and costs.
- Citation
- [2011] SCSC 44
- Parties
- Plaintiff: Allied Builders (Seychelles) Ltd; Defendant: Roald Nilsen
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 13 July 2011
- Case Number
- Civil Side No 76 of 2010
- Procedural Posture
- Civil / Judgment After Ex Parte Hearing
- Outcome
- Judgment for the Plaintiff
- Legal Topics
- Construction Contracts, Service of Summons, Ex Parte Proceedings, Interest on Judgment Debt
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Allied Builders (Seychelles) Ltd
Plaintiff
Roald Nilsen
Defendant
Procedural Posture
Civil / Judgment After Ex Parte Hearing
Legal Issues
- 1 Whether the Defendant was properly served with summons
- 2 Whether the Plaintiff is entitled to the claimed sum for construction works and fluctuations
- 3 Appropriate rate of interest to be awarded
Ratio Decidendi
The Plaintiff's claim is uncontroverted and supported by documentary evidence; the Defendant was not properly served, but the Court proceeded ex-parte and found the Plaintiff entitled to SR360,982.42 plus interest at 10.5% per annum and costs.
Court Disposition
Judgment for the Plaintiff
Orders
- Defendant to pay Plaintiff SR360,982.42
- Interest at 10.5% per annum from date of judgment
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