Ascent Projects (Pty) Limited v Mona Rose (CS 93 of 2020) [2024] SCSC 184 (17 October 2024)

The Defendant breached the construction contract by failing to pay for work executed. The Covid-19 pandemic and related banking restrictions no longer justified non-payment. The Plaintiff is entitled to rescission of the contract and payment for work performed.

Citation: [2024] SCSC 184
Parties: Plaintiff: Ascent Projects (Pty) Limited; Defendant: Mona Rose
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 17 October 2024
Case Number: CS 93 of 2020
Procedural Posture: Civil / Judgment
Outcome: Judgment for Plaintiff
Legal Topics: Breach of Contract, Rescission of Contract, Non Payment of Fees, Construction Agreement
Source Language: English

Contract Law Construction Law Breach of Contract Rescission of Contract Non Payment of Fees Construction Agreement

Case Brief

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Parties

Ascent Projects (Pty) Limited

Plaintiff

Mona Rose

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Defendant breached the construction contract by failing to pay for work executed
2 Whether the Plaintiff is entitled to rescission of the contract and payment for work performed
3 Whether the Covid-19 pandemic and related banking restrictions constituted frustration of contract

Ratio Decidendi

Court Disposition

Judgment for Plaintiff

Orders

Judgment entered for the Plaintiff against the Defendant in the sum of SR1,585,634.17 with interest from the date of judgment and costs
Order of rescission of the construction agreement dated 15th June 2017