Continental Stores v Colour Printing (CA 02/2016) [2017] SCSC 902 (16 July 2017)

Continental Stores v Colour Printing (CA 02/2016) [2017] SCSC 902 (16 July 2017)

The Rent Board erred by giving judgment in favour of the absent respondent when the appellant's uncontradicted evidence was sufficient to establish the claim; judgment should have been entered for the appellant.

Citation
[2017] SCSC 902
Parties
Appellant: Continental Stores; Respondent: Colour Printing
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 July 2017
Case Number
CA 02/2016
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rent Arrears, Eviction, Procedural Fairness, Appeals
Source Language
English
Landlord and Tenant Rent Arrears Eviction Procedural Fairness Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Continental Stores

Appellant

Colour Printing

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Rent Board erred in giving judgment in favour of the absent respondent
  2. 2 Whether the appellant established its case sufficiently in the absence of the respondent

Ratio Decidendi

The Rent Board erred by giving judgment in favour of the absent respondent when the appellant's uncontradicted evidence was sufficient to establish the claim; judgment should have been entered for the appellant.

Court Disposition

appeal allowed

Orders

  • Respondent to vacate the appellant's premises forthwith
  • Respondent to pay arrears of rent at SCR 21,850 per month from January 2016 to the date of judgment