Benoiton Construction (Pty) Ltd v Muller (CC 04/2017) [2020] SCSC 450 (17 February 2020)
The Court found that a contract existed based on documentary evidence and conduct, the Defendant breached the contract by failing to pay for works done, and the Plaintiff was entitled to the claimed sum, VAT, interest, and costs.
- Citation
- [2020] SCSC 450
- Parties
- Plaintiff: Benoiton Construction (Pty) Ltd; Defendant: Arnoud Muller
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 17 February 2020
- Case Number
- CC 04/2017
- Procedural Posture
- Civil / Judgment After Ex Parte Hearing
- Outcome
- Judgment for the Plaintiff
- Legal Topics
- Construction Contracts, Oral Contracts, Agency, Breach of Contract, Damages, Admissibility of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Benoiton Construction (Pty) Ltd
Plaintiff
Arnoud Muller
Defendant
Procedural Posture
Civil / Judgment After Ex Parte Hearing
Legal Issues
- 1 Whether a valid contract existed between the parties despite lack of written agreement
- 2 Whether the Defendant breached the contract by failing to pay for construction works
- 3 Whether oral and documentary evidence is admissible to prove the contract under Article 1341 of the Civil Code of Seychelles
Ratio Decidendi
The Court found that a contract existed based on documentary evidence and conduct, the Defendant breached the contract by failing to pay for works done, and the Plaintiff was entitled to the claimed sum, VAT, interest, and costs.
Court Disposition
Judgment for the Plaintiff
Orders
- Defendant to pay Plaintiff US$127,664.14 (US$87,210.59 for works done and US$40,453.55 for VAT) with interest and costs
Full Case Text
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