SA Fabrication Workshop v Hari Builders (Pty) Limited (CC 15/2017) [2021] SCSC 978 (9 August 2021)

SA Fabrication Workshop v Hari Builders (Pty) Limited (CC 15/2017) [2021] SCSC 978 (9 August 2021)

The Defendant admitted liability for breach of contract, but the Plaintiff failed to prove all heads of damages claimed. The Court awarded damages only for those claims sufficiently established by evidence, specifically 70% of the loss of rental, limited amounts for inconvenience and loss of enjoyment, and rejected claims not proven. Judgment was entered for the Plaintiff in the sum of SR881,250.00 with interest and costs.

Citation
[2021] SCSC 978
Parties
Plaintiff: SA Fabrication Workshop; Defendant: Hari Builders (Pty) Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 August 2021
Case Number
CC 15/2017
Procedural Posture
Civil / Judgment After Admission of Liability, Quantum of Damages Contested
Outcome
Judgment for the Plaintiff on quantum of damages
Legal Topics
Breach of Contract, Damages, Burden of Proof
Source Language
English

Case Brief

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Parties

SA Fabrication Workshop

Plaintiff

Hari Builders (Pty) Limited

Defendant

Procedural Posture

Civil / Judgment After Admission of Liability, Quantum of Damages Contested

  1. 1 Whether the Plaintiff is entitled to damages for breach of contract and in what quantum

Ratio Decidendi

The Defendant admitted liability for breach of contract, but the Plaintiff failed to prove all heads of damages claimed. The Court awarded damages only for those claims sufficiently established by evidence, specifically 70% of the loss of rental, limited amounts for inconvenience and loss of enjoyment, and rejected claims not proven. Judgment was entered for the Plaintiff in the sum of SR881,250.00 with interest and costs.

Court Disposition

Judgment for the Plaintiff on quantum of damages

Orders

  • Defendant to pay Plaintiff SR881,250.00 with interest at the commercial rate from the date of judgment
  • Defendant to pay costs