D & D Development Ltd v Alcindor (CS 157/2012) [2017] SCSC 957 (7 November 2017)

D & D Development Ltd v Alcindor (CS 157/2012) [2017] SCSC 957 (7 November 2017)

The Defendant proved loss resulting from the Plaintiff's breach of contract by failing to remove the vehicle, entitling him to damages for parking rental, work done, and inconvenience.

Citation
[2017] SCSC 957
Parties
Plaintiff: D & D Development Ltd; Defendant: Simon Alcindor
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 November 2017
Case Number
CS 157/2012
Procedural Posture
Civil / Judgment After Ex Parte Hearing on Counterclaim
Outcome
Judgment for Defendant on counterclaim, Plaintiff's claim dismissed for want of prosecution.
Legal Topics
Breach of Contract, Delict, Counterclaim, Damages, Default Judgment
Source Language
English
Contract Law Tort Law Breach of Contract Delict Counterclaim Damages Default Judgment

Case Brief

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Parties

D & D Development Ltd

Plaintiff

Simon Alcindor

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Hearing on Counterclaim

Legal Issues

  1. 1 Whether the Plaintiff breached the contract by failing to remove the vehicle
  2. 2 Whether the Defendant is entitled to damages for parking rental, work done, and inconvenience

Ratio Decidendi

The Defendant proved loss resulting from the Plaintiff's breach of contract by failing to remove the vehicle, entitling him to damages for parking rental, work done, and inconvenience.

Court Disposition

Judgment for Defendant on counterclaim, Plaintiff's claim dismissed for want of prosecution.

Orders

  • Plaintiff to pay Defendant SR172,000 plus costs
  • Plaintiff to remove vehicle from Defendant's garage forthwith