Cesar v Ixora Construction & Civil Engineering Co. Ltd (11 of 2008) [2008] SCSC 47 (5 November 2008)

Cesar v Ixora Construction & Civil Engineering Co. Ltd (11 of 2008) [2008] SCSC 47 (5 November 2008)

The plaintiff proved on a balance of probabilities that the defendant breached the construction agreement by failing to complete the house, entitling her to refund of deposit less value of work done, moral damages, and remedial costs, but not to liquidated damages as there was no penalty clause.

Source-derived case information.

Citation
[2008] SCSC 47
Parties
Plaintiff: Josianne Cesar; Defendant: Ixora Construction & Civil Engineering Co. Ltd (Rep by Simon Gill)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 November 2008
Case Number
11 of 2008
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Breach of Contract, Damages, Remedial Works
Source Language
english
Contract Law Construction Law Breach of Contract Damages Remedial Works

Source-derived case record

Summary, issues, holding and outcome

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Parties

Josianne Cesar

Plaintiff

Ixora Construction & Civil Engineering Co. Ltd (Rep by Simon Gill)

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the construction agreement by failing to complete the house within the stipulated time
  2. 2 Whether the plaintiff is entitled to refund of deposit, moral damages, and costs of remedial works
  3. 3 Whether liquidated damages are payable in absence of a penalty clause

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the defendant breached the construction agreement by failing to complete the house, entitling her to refund of deposit less value of work done, moral damages, and remedial costs, but not to liquidated damages as there was no penalty clause.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff SR105,000.00 with interest at the legal rate and costs