LCP Development Limited v Island Development Company and Ano. (CS 199/2011) [2017] SCSC 65 (29 January 2017)

LCP Development Limited v Island Development Company and Ano. (CS 199/2011) [2017] SCSC 65 (29 January 2017)

The Plaintiff failed to perform its essential obligations under the sub lease, including completion of the Hotel, and did not prove that the Defendants committed substantial breaches justifying non-performance. The termination of the lease by the Defendants was lawful and in accordance with the terms of the sub lease agreement.

Citation
[2017] SCSC 65
Parties
Plaintiff: LCP Development Limited; First Defendant: Island Development Company; Second Defendant: Government of Seychelles represented by The Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 January 2017
Case Number
CS 199/2011
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's case dismissed with costs
Legal Topics
Breach of Contract, Lease Termination, Immoveable Property Transfer, Injunctions
Source Language
English
Contract Law Property Law Breach of Contract Lease Termination Immoveable Property Transfer Injunctions

Case Brief

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Parties

LCP Development Limited

Plaintiff

Island Development Company

First Defendant

Government of Seychelles represented by The Attorney General

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the sub lease was lawfully terminated
  2. 2 Whether there was a breach of contract by either party
  3. 3 Whether the Plaintiff is entitled to reinstatement as lessee or an injunction

Ratio Decidendi

The Plaintiff failed to perform its essential obligations under the sub lease, including completion of the Hotel, and did not prove that the Defendants committed substantial breaches justifying non-performance. The termination of the lease by the Defendants was lawful and in accordance with the terms of the sub lease agreement.

Court Disposition

Plaintiff's case dismissed with costs

Orders

  • Plaintiff's case is dismissed with costs