Bibi v Ndjeutchou Xakeu (CS 9/2000) [2002] SCSC 1 (21 January 2002)

Bibi v Ndjeutchou Xakeu (CS 9/2000) [2002] SCSC 1 (21 January 2002)

The lease agreement made the Defendant responsible for all repairs and renovations, and there was no right to set off rent against such costs. The lessor is entitled to all additions, alterations, renovations or improvements upon expiration or sooner determination of the lease, and the Defendant had no right to compensation or to withhold rent.

Citation
[2002] SCSC 1
Parties
Plaintiff: Bibi; Defendant: Ndjeutchou Xakeu
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 January 2002
Case Number
CS 9/2000
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff; Defendant's counterclaim dismissed.
Legal Topics
Lease Agreements, Repairs and Renovations, Set Off Against Rent, Eviction, Compensation for Improvements
Source Language
English
Landlord and Tenant Contract Lease Agreements Repairs and Renovations Set Off Against Rent Eviction Compensation for Improvements

Case Brief

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Parties

Bibi

Plaintiff

Ndjeutchou Xakeu

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the lessee can set off rent against cost of repairs and renovations
  2. 2 Whether the lessor is entitled to additions, alterations, renovations or improvements upon premature termination of lease
  3. 3 Responsibility for repairs under the lease agreement

Ratio Decidendi

The lease agreement made the Defendant responsible for all repairs and renovations, and there was no right to set off rent against such costs. The lessor is entitled to all additions, alterations, renovations or improvements upon expiration or sooner determination of the lease, and the Defendant had no right to compensation or to withhold rent.

Court Disposition

Judgment for the Plaintiff; Defendant's counterclaim dismissed.

Orders

  • Defendant to pay Plaintiff R45,000 as arrears of rent
  • Defendant to pay interest and costs