Roucou Construction (Pty) Ltd v Bertin (CS 433/2006) [2017] SCSC 45 (24 January 2017)

Roucou Construction (Pty) Ltd v Bertin (CS 433/2006) [2017] SCSC 45 (24 January 2017)

Plaintiff proved entitlement to outstanding payments for claims 4 and 5, extra works (limited to substantiated amount), and retention money. Defendant failed to prove overpayment, defective works, or works not done. The counterclaim was time-barred by prescription.

Citation
[2017] SCSC 45
Parties
Plaintiff: Roucou Construction (Pty) Ltd; Defendant: Donald Bertin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 January 2017
Case Number
CS 433/2006
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff; Counterclaim dismissed
Legal Topics
Building Contract, Outstanding Payments, Retention Money, Counterclaim, Prescription (limitation)
Source Language
English
Contract Law Civil Procedure Building Contract Outstanding Payments Retention Money Counterclaim Prescription (limitation)

Case Brief

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Parties

Roucou Construction (Pty) Ltd

Plaintiff

Donald Bertin

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant owes the plaintiff outstanding sums for works and retention under a building contract
  2. 2 Whether the plaintiff is entitled to payment for extra works
  3. 3 Whether the defendant's counterclaim for overpayment, defective works, and works not done is substantiated

Ratio Decidendi

Plaintiff proved entitlement to outstanding payments for claims 4 and 5, extra works (limited to substantiated amount), and retention money. Defendant failed to prove overpayment, defective works, or works not done. The counterclaim was time-barred by prescription.

Court Disposition

Judgment for Plaintiff; Counterclaim dismissed

Orders

  • Defendant to pay Plaintiff Seychelles rupees 176,441.00 with costs and interest as fixed by law from 26 January 2017 until payment in full
  • Counterclaim dismissed with costs to Plaintiff