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
Summary, issues, holding and outcome
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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
Legal Issues
- 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
Full Case Text
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