Parthiban v Oliaji & Ors (CC 8/2016) [2018] SCSC 8262 (18 September 2018)

Parthiban v Oliaji & Ors (CC 8/2016) [2018] SCSC 8262 (18 September 2018)

The Assignment Agreement did not constitute a valid assignment of rights under Article 1689 of the Civil Code, nor a valid cession de contrat, as the defendants did not consent to the assignment and were not notified in the manner required by law. The Joint Venture Agreement was not susceptible to assignment as a contract of this nature requires the consent of all parties. Therefore, the plaintiff had no right of action for specific performance against the defendants.

Citation
[2018] SCSC 8262
Parties
Plaintiff: Karthik Parthiban; First Defendant: Soona Oliaji; Second Defendant: Darius Oliaji; Third Defendant: Meher Oliaji; Fourth Defendant: Beroze Oliaji; Fifth Defendant: Oliaji Properties and Leisure (OPAL) Co. Ltd, represented by Soona Oliaji
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 September 2018
Case Number
CC 8/2016
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's case dismissed with costs.
Legal Topics
Assignment of Contract, Specific Performance, Joint Venture Agreements, Share Transfer, Privity of Contract
Source Language
English
Contract Law Company Law Assignment of Contract Specific Performance Joint Venture Agreements Share Transfer Privity of Contract

Case Brief

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Parties

Karthik Parthiban

Plaintiff

Soona Oliaji

First Defendant

Darius Oliaji

Second Defendant

Meher Oliaji

Third Defendant

Beroze Oliaji

Fourth Defendant

Oliaji Properties and Leisure (OPAL) Co. Ltd, represented by Soona Oliaji

Fifth Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Assignment Agreement between Siva Limited Bermuda and the plaintiff validly assigned rights and obligations under the Joint Venture Agreement to the plaintiff under Seychelles law
  2. 2 Whether the plaintiff is entitled to specific performance for transfer of shares under the Joint Venture Agreement

Ratio Decidendi

The Assignment Agreement did not constitute a valid assignment of rights under Article 1689 of the Civil Code, nor a valid cession de contrat, as the defendants did not consent to the assignment and were not notified in the manner required by law. The Joint Venture Agreement was not susceptible to assignment as a contract of this nature requires the consent of all parties. Therefore, the plaintiff had no right of action for specific performance against the defendants.

Court Disposition

Plaintiff's case dismissed with costs.

Orders

  • Plaintiff's claim is dismissed.
  • Plaintiff to pay costs to the defendants.