Sofola v Ladouce (369 of 2007) [2009] SCSC 38 (16 July 2009)

Sofola v Ladouce (369 of 2007) [2009] SCSC 38 (16 July 2009)

The plaintiff's uncontroverted evidence established on a balance of probabilities that the defendant breached the contract by failing to perform the agreed work after receiving payment, entitling the plaintiff to the claimed sums.

Citation
[2009] SCSC 38
Parties
Plaintiff: Johna Sofola; Defendant: Arsen Ladouce
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 July 2009
Case Number
369 of 2007
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Damages, Building Contracts, Ex Parte Proceedings
Source Language
English
Contract Law Breach of Contract Damages Building Contracts Ex Parte Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Johna Sofola

Plaintiff

Arsen Ladouce

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the building contract with the plaintiff
  2. 2 Whether the plaintiff is entitled to recover the claimed sums for balance due and moral damages

Ratio Decidendi

The plaintiff's uncontroverted evidence established on a balance of probabilities that the defendant breached the contract by failing to perform the agreed work after receiving payment, entitling the plaintiff to the claimed sums.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff SR50,000.00 with interest and costs