Amelie v Mangroo (CS 1/2008) [2012] SCSC 1 (29 February 2012)

Amelie v Mangroo (CS 1/2008) [2012] SCSC 1 (29 February 2012)

The plaintiff's claim failed because the evidence presented differed from the pleadings, and no evidence supported the claim for loss of profits. The defendant's counterclaim also failed for lack of evidence.

Citation
[2012] SCSC 1
Parties
Plaintiff: Amelie; Defendant: Mangroo
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 February 2012
Case Number
CS 1/2008
Procedural Posture
Civil / Judgment
Outcome
Both the suit and counterclaim are dismissed with costs to either party.
Legal Topics
Rescission of Contract, Breach of Contract, Pleadings, Counterclaim
Source Language
English
Contract Law Rescission of Contract Breach of Contract Pleadings Counterclaim

Case Brief

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Parties

Amelie

Plaintiff

Mangroo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to rescission of contract and payment of R 445,500
  2. 2 Whether the plaintiff is entitled to loss of profits of R 310,000
  3. 3 Whether the defendant is entitled to counterclaim of R 190,000

Ratio Decidendi

The plaintiff's claim failed because the evidence presented differed from the pleadings, and no evidence supported the claim for loss of profits. The defendant's counterclaim also failed for lack of evidence.

Court Disposition

Both the suit and counterclaim are dismissed with costs to either party.

Orders

  • Suit dismissed
  • Counterclaim dismissed