Labiche & Ano v Ixora Construction & Civil Engineering Company Ltd (CS 27/2008) [2017] SCSC 238 (15 March 2017)

Labiche & Ano v Ixora Construction & Civil Engineering Company Ltd (CS 27/2008) [2017] SCSC 238 (15 March 2017)

The plaintiffs are entitled to a refund of Rs. 26,800 as excess payment and Rs. 10,000 as moral damages for delay, as the claim for Rs. 100,000 was unsubstantiated and no evidence of actual rent paid was provided.

Citation
[2017] SCSC 238
Parties
Plaintiff: Marcel Labiche; Plaintiff: Ms. Julie Constance; Defendant: Ixora Construction & Civil Engineering Company Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 March 2017
Case Number
CS 27/2008
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiffs
Legal Topics
Refund of Excess Payment, Damages for Delay, Breach of Contract
Source Language
English
Contract Law Tort Law Refund of Excess Payment Damages for Delay Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Marcel Labiche

Plaintiff

Ms. Julie Constance

Plaintiff

Ixora Construction & Civil Engineering Company Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiffs are entitled to a refund of excess payment made to the defendant
  2. 2 Whether the plaintiffs are entitled to damages for delay and inconvenience caused by the defendant's failure to complete construction

Ratio Decidendi

The plaintiffs are entitled to a refund of Rs. 26,800 as excess payment and Rs. 10,000 as moral damages for delay, as the claim for Rs. 100,000 was unsubstantiated and no evidence of actual rent paid was provided.

Court Disposition

judgment for the plaintiffs

Orders

  • Defendant to pay Rs. 26,800 as refund of excess payment
  • Defendant to pay Rs. 10,000 as damages